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

The text of the bill below is as of Mar 16, 2009 (Reported by House Committee).


IB

Union Calendar No. 10

111th CONGRESS

1st Session

H. R. 1388

[Report No. 111–37]

IN THE HOUSE OF REPRESENTATIVES

March 9, 2009

(for herself, Mr. George Miller of California, Mr. Sestak, Mr. Hare, Mr. Andrews, Mr. Tonko, Mr. Polis of Colorado, Ms. Hirono, Mr. Grijalva, Mr. Sablan, Mr. Kildee, Mr. Hinojosa, and Mr. Courtney) introduced the following bill; which was referred to the Committee on Education and Labor

March 16, 2009

Additional sponsors: Ms. Clarke, Ms. Shea-Porter, Mr. Altmire, Mr. Klein of Florida, Mr. Payne, Mr. Holt, Mrs. Maloney, Ms. Woolsey, Mr. Kucinich, Mr. Fattah, Mr. Van Hollen, Mr. Welch, Mr. Rangel, Mr. Price of North Carolina, Ms. Sutton, Mr. Driehaus, Ms. DeLauro, Mr. Wu, Mr. Perriello, Ms. Bordallo, Ms. Matsui, Mr. McDermott, Ms. Kaptur, and Mr. Heinrich

March 16, 2009

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on March 9, 2009

A BILL

To reauthorize and reform the national service laws.

1.

Short title; table of contents

(a)

Short Title

This Act may be cited as the Generations Invigorating Volunteerism and Education Act or the GIVE Act.

(b)

Table of Contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Title I—AMENDMENTS TO NATIONAL AND COMMUNITY SERVICE ACT OF 1990

Sec. 1001. References.

Subtitle A—Amendments to Subtitle A (General Provisions)

Sec. 1101. Purposes; sense of Congress.

Sec. 1102. Definitions.

Subtitle B—Amendments to Subtitle B (Learn and Serve America)

Sec. 1201. School-based allotments.

Sec. 1202. Higher education provisions and Campuses of Service.

Sec. 1203. Innovative programs and research.

Subtitle C—Amendments to Subtitle C (National Service Trust Program)

Sec. 1301. Prohibition on grants to Federal agencies; limits on Corporation costs.

Sec. 1302. Required and eligible national service programs.

Sec. 1303. Types of positions.

Sec. 1304. Conforming repeal relating to training and technical assistance.

Sec. 1305. Assistance to State Commissions; challenge grants.

Sec. 1306. Allocation of assistance to States and other eligible entities.

Sec. 1307. Additional authority.

Sec. 1308. State selection of programs.

Sec. 1309. National service program assistance requirements.

Sec. 1310. Consideration of applications.

Sec. 1311. Description of participants.

Sec. 1312. Selection of national service participants.

Sec. 1313. Terms of service.

Sec. 1314. Adjustments to living allowance.

Subtitle D—Amendments to Subtitle D (National Service Trust and Provision of National Service Educational Awards)

Sec. 1401. Availability of funds in the National Service Trust.

Sec. 1402. Individuals eligible to receive a national service educational award from the Trust.

Sec. 1403. Determination of the amount of national service educational awards.

Sec. 1404. Disbursement of educational awards.

Sec. 1405. Process of approval of national service positions.

Subtitle E—Amendments to Subtitle E (National Civilian Community Corps)

Sec. 1501. Purpose.

Sec. 1502. Program components.

Sec. 1503. Eligible participants.

Sec. 1504. Summer national service program.

Sec. 1505. Team leaders.

Sec. 1506. Training.

Sec. 1507. Consultation with State Commissions.

Sec. 1508. Authorized benefits for Corps members.

Sec. 1509. Permanent cadre.

Sec. 1510. Contract and grant authority.

Sec. 1511. Other departments.

Sec. 1512. Advisory Board.

Sec. 1513. Evaluation.

Sec. 1514. Repeal of funding limitation.

Sec. 1515. Definitions.

Sec. 1516. Terminology.

Subtitle F—Amendments to Subtitle F (Administrative Provisions)

Sec. 1601. Family and medical leave.

Sec. 1602. Additional prohibitions on use of funds.

Sec. 1603. Notice, hearing, and grievance procedures.

Sec. 1604. Resolution of displacement complaints.

Sec. 1605. State Commissions on National and Community Service.

Sec. 1606. Evaluation and accountability.

Sec. 1607. Technical amendment.

Sec. 1608. Partnerships with schools.

Sec. 1609. Rights of access, examination, and copying.

Sec. 1610. Additional administrative provisions.

Subtitle G—Amendments to Subtitle G (Corporation for National and Community Service)

Sec. 1701. Terms of office.

Sec. 1702. Board of Directors authorities and duties.

Sec. 1703. Chief executive officer compensation.

Sec. 1704. Authorities and duties of the Chief Executive Officer.

Sec. 1705. Delegation to States.

Sec. 1706. Chief financial officer compensation.

Sec. 1707. Nonvoting members; personal services contracts.

Sec. 1708. Donated services.

Sec. 1709. Study to examine and increase service programs for displaced workers.

Sec. 1710. Study to evaluate the effectiveness of a centralized electronic citizenship verification system.

Subtitle H—Amendments to Subtitle H

Sec. 1801. Technical amendments to subtitle H.

Sec. 1802. Repeals.

Sec. 1803. New Fellowships.

Sec. 1804. Innovative and model program support.

Sec. 1805. Clearinghouses.

Subtitle I—Training and Technical Assistance

Sec. 1821. Training and technical assistance.

Subtitle J—Repeal of Title III (Points of Light Foundation)

Sec. 1831. Repeal.

Subtitle K—Amendments to Title V (Authorization of Appropriations)

Sec. 1841. Authorization of appropriations.

Title II—AMENDMENTS TO THE DOMESTIC VOLUNTEER SERVICE ACT OF 1973

Sec. 2001. References.

Subtitle A—Amendments to Title I (National Volunteer Antipoverty Programs)

Sec. 2101. Purpose.

Sec. 2102. Purpose of the VISTA program.

Sec. 2103. Applications.

Sec. 2104. VISTA programs of national significance.

Sec. 2105. Terms and periods of service.

Sec. 2106. Support Service.

Sec. 2107. Sections repealed.

Sec. 2108. Conforming amendment.

Sec. 2109. Financial assistance.

Subtitle B—Amendments to Title II (National Senior Volunteer Corps)

Sec. 2201. Change in name.

Sec. 2202. Purpose.

Sec. 2203. Grants and contracts for volunteer service projects.

Sec. 2204. Foster Grandparent Program grants.

Sec. 2205. Senior Companion Program grants.

Sec. 2206. Promotion of National Senior Service Corps.

Sec. 2207. Technical amendments.

Sec. 2208. Programs of national significance.

Sec. 2209. Additional provisions.

Sec. 2210. Authority of Director.

Subtitle C—Amendments to Title IV (Administration and Coordination)

Sec. 2301. Nondisplacement.

Sec. 2302. Notice and hearing procedures.

Sec. 2303. Definitions.

Sec. 2304. Protection against improper use.

Subtitle D—Amendments to Title V (Authorization of Appropriations)

Sec. 2401. Authorization of appropriations for VISTA and other purposes.

Sec. 2402. Authorization of appropriations for National Senior Service Corps.

Title III—AMENDMENTS TO OTHER LAWS

Sec. 3101. Inspector General Act of 1978.

Title IV—TECHNICAL AMENDMENTS TO TABLES OF CONTENTS

Sec. 4101. Table of contents for the National and Community Service Act of 1990.

Sec. 4102. Table of contents amendments for the Domestic Volunteer Service Act.

Title V—EFFECTIVE DATE

Sec. 5101. Effective date.

Sec. 5102. Service assignments and agreements.

Title VI—Congressional Commission on Civic Service

Sec. 6101. Short title.

Sec. 6102. Findings.

Sec. 6103. Establishment.

Sec. 6104. Duties.

Sec. 6105. Membership.

Sec. 6106. Director and Staff of Commission; Experts and Consultants.

Sec. 6107. Powers of Commission.

Sec. 6108. Reports.

Sec. 6109. Termination.

I

AMENDMENTS TO NATIONAL AND COMMUNITY SERVICE ACT OF 1990

1001.

References

Except as otherwise specifically provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the reference shall be considered to be made to a provision of the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.).

A

Amendments to Subtitle A (General Provisions)

1101.

Purposes; sense of Congress

(a)

Purposes

Section 2(b) (42 U.S.C. 12501(b)) is amended—

(1)

in paragraph (2), by striking community throughout and inserting community and service throughout the varied and diverse communities of;

(2)

in paragraph (4), by inserting after income, the following: geographic location,;

(3)

in paragraph (6), by inserting after existing the following: national;

(4)

in paragraph (7)—

(A)

by striking programs and agencies and inserting programs, agencies, and communities; and

(B)

by striking and at the end;

(5)

in paragraph (8), by striking the period and inserting a semicolon; and

(6)

by adding at the end the following:

(9)

recognize and increase the impact of social entrepreneurs and other nonprofit community organizations in addressing national and local challenges;

(10)

increase public and private investment in nonprofit community organizations that are effectively addressing national and local challenges and to encourage such organizations to replicate and expand successful initiatives;

(11)

leverage Federal investments to increase State, local, business, and philanthropic resources to address national and local challenges;

(12)

expand and strengthen service-learning programs through year-round opportunities, including during the summer months, to improve the education of children and youth and to maximize the benefits of national and community service, in order to renew the ethic of civic responsibility and the spirit of community to children and youth throughout the United States;

(13)

assist in coordinating and strengthening Federal and other service opportunities, including opportunities for participation in emergency and disaster preparedness, relief, and recovery;

(14)

increase service opportunities for our Nation’s retiring professionals, including such opportunities for those retiring from the science, technical, engineering, and mathematics professions to improve the education of our Nation’s youth and keep America competitive in the global knowledge economy, and to further utilize the experience, knowledge, and skills of older Americans;

(15)

encourage the continued service of the alumni of the national service programs, including service in times of national need;

(16)

support institutions of higher education that engage students in community service activities, provide service-learning courses, and encourage or assist graduates to pursue careers in public service in the nonprofit or government sector; and

(17)

encourage members of the Baby Boom generation to partake in service opportunities.

.

(b)

Sense of Congress

The Act is amended by inserting after section 2 the following:

3.

Sense of Congress

It is the sense of Congress that the number of participants in the programs authorized under subtitle C, including the Volunteers in Service to America (VISTA) and the National Civilian Community Corps (NCCC), should grow to reach 250,000 participants by 2014.

.

1102.

Definitions

Section 101 (42 U.S.C. 12511) is amended—

(1)

by redesignating—

(A)

paragraphs (21) through (29) as paragraphs (28) through (36), respectively;

(B)

paragraphs (9) through (20) as paragraphs (15) through (26), respectively;

(C)

paragraphs (7) and (8) as paragraphs (10) and (11), respectively; and

(D)

paragraphs (3) through (6) as paragraphs (5) through (8), respectively;

(2)

by inserting after paragraph (2) the following:

(3)

Approved summer of service position

The term approved summer of service position means a position in a program described under section 120(c)(8) for which the Corporation has approved the provision of a summer of service educational award as one of the benefits to be provided for successful service in the position.

(4)

Baby Boom generation

The term Baby Boom generation means the generation that consists of individuals born during the period beginning with 1946 and ending with 1964.

;

(3)

in paragraph (5) (as so redesignated), by striking described in section 122;

(4)

in paragraph (7) (as so redesignated), by striking church or other;

(5)

by inserting after paragraph (8) (as so redesignated) the following:

(9)

Disadvantaged youth

The term disadvantaged youth includes those youth who are economically disadvantaged and one or more of the following:

(A)

Who are out-of-school youth, including out-of-school youth who are unemployed.

(B)

Who are in or aging out of foster care.

(C)

Who have limited English proficiency.

(D)

Who are homeless or who have run away from home.

(E)

Who are at-risk to leave school without a diploma.

(F)

Who are former juvenile offenders or at risk of delinquency.

(G)

Who are individuals with a disability.

;

(6)

by inserting after paragraph (11) (as so redesignated) the following:

(12)

Community-based organization

The term community-based organization means a public or private nonprofit organization that—

(A)

has experience with meeting unmet human, educational, environmental, or public safety needs; and

(B)

meets other such criteria as the Chief Executive Officer may establish.

(13)

Hispanic-serving institution

The term Hispanic-serving institution has the meaning given such term in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)).

(14)

Historically black college or university

The term historically black college or university means a part B institution, as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)).

;

(7)

in paragraph (19) (as so redesignated), by striking section 101(a) of the Higher Education Act of 1965 and inserting sections 101(a) and 102(a)(1) of the Higher Education Act of 1965;

(8)

in paragraph (23)(B) (as so redesignated), by striking program in which the participant is enrolled and inserting organization receiving assistance under the national service laws through which the participant is enrolled in an approved national service position;

(9)

by inserting after paragraph (26) (as so redesignated) the following:

(27)

Qualified organization

The term qualified organization means a public or private nonprofit organization with experience working with school-age youth that meets such criteria as the Chief Executive Officer may establish.

;

(10)

in paragraph (28)(B) (as so redesignated)—

(A)

by striking 602 and inserting 602(3); and

(B)

by striking 1401 and inserting 1401(3); and

(11)

by adding at the end the following:

(37)

Predominantly Black Institution

The term predominantly black institution has the meaning given such term in section 318 of the Higher Education Act of 1965 (20 U.S.C. 1059e).

(38)

Tribally controlled college or university

The term tribally controlled college or university has the meaning given such term in section 2 of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801).

(39)

Medically underserved population

The term medically underserved population has the meaning given that term in section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3)).

(40)

Veteran

The term veteran means any individual who has engaged in the active duty in the United States Army, Navy, Air Force, or Coast Guard and was released under a condition other than dishonorable.

.

B

Amendments to Subtitle B (Learn and Serve America)

1201.

School-based allotments

Part I of subtitle B of title I (42 U.S.C. 12521 et seq.) is amended to read as follows:

I

PROGRAMS FOR ELEMENTARY AND SECONDARY STUDENTS

111.

Assistance to States, Territories, and Indian tribes

(a)

Purpose

School-based service learning programs promote service-learning as a strategy to—

(1)

support high-quality service-learning projects that engage students in meeting community needs with demonstrable results, while enhancing students' academic and civic learning; and

(2)

support efforts to build institutional capacity, including the training of educators, and to strengthen the service infrastructure to expand service opportunities.

(b)

Allotments to States, Territories, and Indian Tribes

The Corporation, in consultation with the Secretary of Education, may make allotments to State educational agencies, Territories, and Indian tribes to pay for the Federal share of—

(1)

planning and building the capacity within the State, Territory, or Indian tribe to implement service-learning programs that are based principally in elementary and secondary schools, including—

(A)

providing training for teachers, supervisors, personnel from community-based agencies (particularly with regard to the recruitment, utilization, and management of participants), and trainers, to be conducted by qualified individuals or organizations that have experience with service-learning;

(B)

developing service-learning curricula, consistent with State or local academic content standards, to be integrated into academic programs, including an age-appropriate learning component that provides participants an opportunity to analyze and apply their service experiences;

(C)

forming local partnerships described in paragraph (2) or (4) to develop school-based service-learning programs in accordance with this part;

(D)

devising appropriate methods for research and evaluation of the educational value of service-learning and the effect of service-learning activities on communities;

(E)

establishing effective outreach and dissemination of information to ensure the broadest possible involvement of community-based agencies with demonstrated effectiveness in working with school-age youth in their communities; and

(F)

establishing effective outreach and dissemination of information to ensure the broadest possible participation of schools throughout the State, with particular attention to schools identified for school improvement under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.);

(2)

implementing, operating, or expanding school-based service-learning programs, which may include paying for the cost of the recruitment, training, supervision, placement, salaries, and benefits of service-learning coordinators, through distribution of Federal funds by State educational agencies, Territories, and Indian tribes made available under this part to projects operated by local partnerships among—

(A)

local educational agencies; and

(B)

1 or more community partners that—

(i)

shall include a public or private nonprofit organization that—

(I)

has a demonstrated expertise in the provision of services to meet unmet human, education, environmental, or public safety needs;

(II)

will make projects available for participants, who shall be students; and

(III)

was in existence at least 1 year before the date on which the organization submitted an application under section 113; and

(ii)

may include a private for-profit business, private elementary or secondary school, or Indian tribe (except that an Indian tribe distributing funds to a project under this paragraph is not eligible to be part of the partnership operating that project);

(3)

planning of school-based service-learning programs, through distribution by State educational agencies, Territories, and Indian tribes of Federal funds made available under this part to local educational agencies and Indian tribes, which planning may include paying for the cost of—

(A)

the salaries and benefits of service-learning coordinators; or

(B)

the recruitment, training, supervision, and placement of service-learning coordinators who may be participants in a program under subtitle C or receive a national service educational award under subtitle D, who may be participants in a project under section 201 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5001), or who may participate in a Youthbuild program under section 173A of the Workforce Investment Act of 1998 (29 U.S.C. 2918a),

who will identify the community partners described in paragraph (2)(B) and assist in the design and implementation of a program described in paragraph (2);
(4)

implementing, operating, or expanding school-based service-learning programs to utilize adult volunteers in service-learning to improve the education of students, through distribution by State educational agencies, Territories, and Indian tribes of Federal funds made available under this part to—

(A)

local educational agencies;

(B)

Indian tribes (except that an Indian tribe distributing funds under this paragraph is not eligible to be a recipient of those funds);

(C)

public or private nonprofit organizations; or

(D)

partnerships or combinations of local educational agencies and entities described in subparagraph (B) or (C); and

(5)

developing civic engagement programs that promote a better understanding of—

(A)

the principles of the Constitution, the heroes of American history (including military heroes), and the meaning of the Oath of Allegiance;

(B)

promote a better understanding of how the Nation’s government functions; and

(C)

promote a better understanding of the importance of service in the Nation’s character.

(c)

Consultation with Secretary of Education

The Corporation is authorized to enter into agreements with the Secretary of Education for initiatives that may include—

(1)

Identification and dissemination of research findings on service-learning and scientifically-valid research based practices; and

(2)

Provision of professional development opportunities that—

(A)

improve the quality of service-learning instruction and delivery for teachers both pre-service and in-service, personnel from community-based agencies and youth workers; and

(B)

create and sustain effective partnerships between local education agencies, community-based organizations, businesses, and other stakeholders.

(d)

Duties of Service-Learning Coordinator

A service-learning coordinator referred to in paragraph (2) or (3) of subsection (b) shall provide services that may include—

(1)

providing technical assistance and information to, and facilitating the training of, teachers and assisting in the planning, development, execution, and evaluation of service-learning in their classrooms;

(2)

assisting local partnerships described in subsection (b) in the planning, development, and execution of service-learning projects, including summer of service programs; and

(3)

carrying out such other duties as the recipient of assistance under this part may determine to be appropriate.

(e)

Related Expenses

An entity that receives financial assistance under this part may, in carrying out the activities described in subsection (b), use such assistance to pay for the Federal share of reasonable costs related to the supervision of participants, program administration, transportation, insurance, and evaluations and for other reasonable expenses related to the activities.

112.

Allotments

(a)

Indian Tribes and Territories

Of the amounts appropriated to carry out this part for any fiscal year, the Corporation shall reserve an amount of not less than 2 percent and not more than 3 percent for payments to Indian tribes, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be allotted in accordance with their respective needs.

(b)

Allotments Through States

After reserving the amount under subsection (a), the Corporation shall use the remainder of the funds appropriated to carry out this part for any fiscal year as follows:

(1)

Allotments

(A)

School-age youth

From 50 percent of such remainder, the Corporation shall allot to each State an amount that bears the same ratio to 50 percent of such remainder as the number of school-age youth in the State bears to the total number of school-age youth of all States.

(B)

Allocation under elementary and secondary education act of 1965

From 50 percent of such remainder, the Corporation shall allot to each State an amount that bears the same ratio to 50 percent of such remainder as the allocation to the State for the previous fiscal year under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) or its successor authority bears to such allocations to all States.

(2)

Definition

Notwithstanding section 101, for purposes of this subsection, the term State means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.

(c)

Reallotment

If the Corporation determines that the allotment of a State, Territory, or Indian tribe under this section will not be required for a fiscal year because the State, Territory, or Indian tribe did not submit and receive approval of an application for the allotment under section 113, the Corporation shall make the allotment for such State, Territory, or Indian tribe available for grants to community-based organization to carry out service-learning programs as described in section 111(b) in such State, Territory, or Indian tribe. After community-based organizations apply for the allotment with an application at such time and in such manner as the Corporation requires and receive approval, the remainder of such allotment shall be available for reallotment to such other States, Territories, or Indian tribes with approved applications submitted under section 113 as the Corporation may determine to be appropriate.

(d)

Minimum amount

For any fiscal year for which amounts appropriated for this part exceed $50,000,000, the minimum allotment to each State (as defined in subsection (b)(2)) under this section shall be $65,000.

113.

Applications

(a)

In general

To be eligible to receive an allotment under section 112, a State, acting through the State educational agency, Territory, or Indian tribe shall prepare, submit to the Corporation, and obtain approval of, an application at such time and in such manner as the Chief Executive Officer may reasonably require.

(b)

Contents

An application for an allotment under this part shall include—

(1)

a proposal for a 3-year plan promoting service-learning, which shall contain such information as the Chief Executive Officer may reasonably require, including how the applicant will integrate service opportunities into the academic program of the participants;

(2)

information about the criteria the State educational agency, Territory, or Indian tribe will use to evaluate and grant approval to applications submitted under subsection (c), including an assurance that the State educational agency, Territory, or Indian tribe will comply with the requirement in section 114(a);

(3)

assurances about the applicant’s efforts to—

(A)

ensure that students of different ages, races, sexes, ethnic groups, disabilities, and economic backgrounds have opportunities to serve together;

(B)

include any opportunities for students enrolled in schools or other programs of education providing elementary or secondary education to participate in service-learning programs and ensure that such service-learning programs include opportunities for such students to serve together;

(C)

involve participants in the design and operation of the program;

(D)

promote service-learning in areas of greatest need, including low-income or rural areas; and

(E)

otherwise integrate service opportunities into the academic program of the participants; and

(4)

assurances that the applicant will comply with the nonduplication and nondisplacement requirements of section 177 and the grievance procedures required by section 176.

(c)

Application to State, Territory, or Indian tribe To receive assistance To carry out school-based service-learning programs

(1)

In general

Any—

(A)

qualified organization, Indian tribe, Territory, local educational agency, for-profit business, private elementary, middle, or secondary school, or institution of higher education that desires to receive financial assistance under this subpart from a State, Territory, or Indian tribe for an activity described in section 111(b)(1);

(B)

partnership described in section 111(b)(2) that desires to receive such assistance from a State, Territory, or Indian tribe or community-based organization described in section 111(b)(2);

(C)

entity described in section 111(b)(3) that desires to receive such assistance from a State, Territory, or Indian tribe for an activity described in such section;

(D)

partnership described in section 111(b)(4) that desires to receive such assistance from a State, Territory, or Indian tribe for an activity described in such section; and

(E)

agency or partnership described in section 120(c)(8) that desires to receive such assistance, or approved summer of service positions, from a State, Territory, or Indian tribe for an activity described in such section to be carried out through a service-learning program described in section 111,

shall prepare, submit to the State educational agency, Territory, community-based organization, or Indian tribe, and obtain approval of, an application for the program.
(2)

Submission

Such application shall be submitted at such time and in such manner, and shall contain such information, as the agency, Territory, Indian tribe, or entity may reasonably require.

114.

Consideration of applications

(a)

Priority

In considering competitive applications under this part, the Corporation shall give priority to innovation, sustainability, capacity building, involvement of disadvantaged youth, and quality of programs, as well as other criteria approved by the Chief Executive Officer.

(b)

Rejection of applications

If the Corporation rejects an application submitted by a State, Territory, or Indian tribe under section 113 for an allotment, the Corporation shall promptly notify the State, Territory, or Indian tribe of the reasons for the rejection of the application. The Corporation shall provide the State, Territory, or Indian tribe with a reasonable opportunity to revise and resubmit the application and shall provide technical assistance, if needed, to the State, Territory, or Indian tribe as part of the re-submission process. The Corporation shall promptly reconsider such resubmitted application.

115.

Participation of students and teachers from private schools

(a)

In General

To the extent consistent with the number of students in the State, Territory, or Indian tribe or in the school district of the local educational agency involved who are enrolled in private nonprofit elementary and secondary schools, such State, Territory, Indian tribe, or agency shall (after consultation with appropriate private school representatives) make provision—

(1)

for the inclusion of services and arrangements for the benefit of such students so as to allow for the equitable participation of such students in the programs implemented to carry out the objectives and provide the benefits described in this part; and

(2)

for the training of the teachers of such students so as to allow for the equitable participation of such teachers in the programs implemented to carry out the objectives and provide the benefits described in this part.

(b)

Waiver

If a State, Territory, Indian tribe, or local educational agency is prohibited by law from providing for the participation of students or teachers from private nonprofit schools as required by subsection (a), or if the Corporation determines that a State, Territory, Indian tribe, or local educational agency substantially fails or is unwilling to provide for such participation on an equitable basis, the Chief Executive Officer shall waive such requirements and shall arrange for the provision of services to such students and teachers. Such waivers shall be subject to the requirements of sections 9503 and 9504 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7883 and 7884).

116.

Federal, State, and local contributions

(a)

Federal Share

(1)

In general

The Federal share of the cost of carrying out a program for which assistance is provided under this part—

(A)

for new grants, may not exceed 80 percent of the total cost for the first year of the grant, 65 percent for the second year, and 50 percent for each remaining year; and

(B)

for continuing grants, may not exceed 50 percent of the total cost of the program.

(2)

Non-federal contribution

In providing for the remaining share of the cost of carrying out such a program, each recipient of assistance under this part—

(A)

shall provide for such share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services; and

(B)

may provide for such share through State sources or local sources, including private funds or donated services.

(b)

Waiver

(1)

In general

The Chief Executive Officer may, with respect to any such program for any fiscal year, and upon determination that such action would be equitable due to lack of resources at the local level—

(A)

waive the requirements of subsection (a) in whole or in part; or

(B)

allow a recipient to provide the non-Federal contribution required under subsection (a)(2) from funding available pursuant to title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).

(2)

Rules

The following rules apply to paragraph (1)(B):

(A)

Paragraph (1)(B) applies only to recipients that are schools receiving funding under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).

(B)

The non-Federal contribution provided under paragraph (1)(B) may only be used for purposes consistent with title I of such Act (20 U.S.C. 6301 et seq.).

117.

Limitations on uses of funds

Not more than 6 percent of the amount of assistance received by an applicant in a fiscal year may be used to pay, in accordance with such standards as the Corporation may issue, for administrative costs, incurred by—

(1)

the original recipient; or

(2)

the entity carrying out the service-learning program supported with the assistance.

.

1202.

Higher education provisions and Campuses of Service

(a)

Part heading

The heading relating to part II of subtitle B of title I is amended to read as follows:

II

Higher Education Provisions and Campuses of Service

.

(b)

Higher Education

Section 119 (42 U.S.C. 12561) is redesignated as section 118 and amended—

(1)

in subsection (a), by inserting after community service programs the following: through service-learning;

(2)

in subsection (b)—

(A)

in the matter preceding paragraph (1), by striking combination and inserting consortia;

(B)

in paragraph (1)—

(i)

in subparagraph (A), by striking and at the end;

(ii)

in subparagraph (B), by adding and at the end; and

(iii)

by adding at the end the following:

(C)

may coordinate with service-learning curricula being offered in the academic curricula at the institution of higher education or at one or more members of the consortia;

;

(3)

in subsection (b)(3)—

(A)

in the matter preceding subparagraph (A), by striking teachers at the elementary, secondary, and postsecondary levels and inserting institutions of higher education and their faculty;

(B)

in subparagraph (A), by striking education of the institution; and and inserting curricula of the institution to strengthen the instructional capacity of service-learning at the elementary and secondary levels;;

(C)

by redesignating subparagraph (B) as subparagraph (E); and

(D)

by inserting after subparagraph (A) the following:

(B)

including service-learning as a key component of the health professionals curricula, including nursing, pre-medicine, medicine, and dentistry curricula of the institution;

(C)

including service-learning as a key component of the criminal justice professionals curricula of the institution;

(D)

including service-learning as a key component of the public policy and public administration curricula of the institution; and

;

(4)

by striking subsections (c), (d), (e), and (g);

(5)

by redesignating subsection (f) as (i); and

(6)

by inserting after subsection (b) the following:

(c)

Special Consideration

To the extent practicable, the Corporation shall give special consideration to applications submitted by predominantly Black institutions, Historically Black Colleges and Universities, Hispanic-serving institutions, Tribal Colleges and Universities, and community colleges serving predominantly minority populations.

(d)

Federal, State, and Local Contributions

(1)

Federal share

(A)

In general

The Federal share of the cost of carrying out a program for which assistance is provided under this part may not exceed 50 percent of the total cost of the program.

(B)

Non-federal contribution

In providing for the remaining share of the cost of carrying out such a program, each recipient of a grant under this part—

(i)

shall provide for such share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services; and

(ii)

may provide for such share through State sources or local sources, including private funds or donated services.

(2)

Waiver

The Chief Executive Officer may waive the requirements of paragraph (1) in whole or in part with respect to any such program for any fiscal year if the Corporation determines that such a waiver would be equitable due to a lack of available financial resources at the local level.

(e)

Application for Grant

(1)

Submission

To receive a grant or enter into a contract under this part, an applicant shall prepare, submit to the Corporation, and obtain approval of, an application at such time, in such manner, and containing such information and assurances as the Corporation may reasonably require. In requesting applications for assistance under this part, the Corporation shall specify such required information and assurances.

(2)

Contents

An application submitted under paragraph (1) shall contain, at a minimum—

(A)

assurances that—

(i)

prior to the placement of a participant, the applicant will consult with the appropriate local labor organization, if any, representing employees in the area who are engaged in the same or similar work as that proposed to be carried out by such program, to prevent the displacement and protect the rights of such employees; and

(ii)

the applicant will comply with the nonduplication and nondisplacement provisions of section 177 and the grievance procedures required by section 176; and

(B)

such other assurances as the Chief Executive Officer may reasonably require.

(f)

Priority

In making grants and entering into contracts under subsection (b), the Corporation shall give priority to applicants or institutions that submit applications containing proposals that—

(1)

demonstrate the commitment of the institution of higher education, other than by demonstrating the commitment of the students, to supporting the community service projects carried out under the program;

(2)

specify the manner in which the institution will promote faculty, administration, and staff participation in the community service projects;

(3)

specify the manner in which the institution will provide service to the community through organized programs, including, where appropriate, clinical programs for students in professional schools and colleges;

(4)

describe any partnership that will participate in the community service projects, such as a partnership comprised of—

(A)

the institution;

(B)
(i)

a community-based agency;

(ii)

a local government agency; or

(iii)

a non-profit entity that serves or involves school-age youth, older adults, or low-income communities; and

(C)
(i)

a student organization;

(ii)

a department of the institution; or

(iii)

a group of faculty comprised of different departments, schools, or colleges at the institution;

(5)

demonstrate community involvement in the development of the proposal and the extent to which the proposal will contribute to the goals of its community partners;

(6)

describe research on effective strategies and methods to improve service utilized in the design of the project;

(7)

demonstrate a commitment to perform service projects in underserved urban and rural communities;

(8)

specify that the institution will use such assistance to strengthen the service infrastructure in institutions of higher education;

(9)

with respect to projects involving delivery of services, specify projects that involve leadership development of school aged youth; or

(10)

describe how service projects and activities are associated with such ideas as housing, economic development, infrastructure, health care, job training, education, crime prevention, urban planning, transportation technology, and child welfare.

(g)

Definition

Notwithstanding section 101, as used in this part, the term student means an individual who is enrolled in an institution of higher education on a full- or part-time basis.

(h)

Federal Work-Study

To be eligible for assistance under this part, an institution of higher education must demonstrate that it meets the minimum requirements under section 443(b)(2) of the Higher Education Act of 1965 (42 U.S.C. 2753(b)(2)) relating to the participation of Federal Work-Study students in community service activities, or has received a waiver of those requirements from the Secretary of Education.

.

(c)

Campuses of Service

Title I of the National and Community Service Act of 1990 (42 U.S.C. 12521 et seq.) is amended by adding after section 118 (as redesignated by subsection (a)) at the end the following:

119.

Campuses of Service

(a)

In general

The Corporation, after consultation with the Secretary of Education, may annually designate not more than 25 institutions of higher education as Campuses of Service, from among institutions nominated by State Commissions.

(b)

Applications for Nomination

(1)

In general

To be eligible for a nomination to receive designation under subsection (a), and have an opportunity to apply for funds under subsection (d) for a fiscal year, an institution of higher education in a State shall submit an application to the State Commission at such time, in such manner, and containing such information as the State Commission may require.

(2)

Contents

At a minimum, the application shall include information specifying—

(A)
(i)

the number of undergraduate and, if applicable, graduate service-learning courses offered at such institution for the most recent full academic year preceding the fiscal year for which designation is sought; and

(ii)

the number and percentage of undergraduate students and, if applicable, the number and percentage of graduate students at such institution who were enrolled in the corresponding courses described in clause (i), for such preceding academic year;

(B)

the percentage of undergraduate students engaging in and, if applicable, the percentage of graduate students engaging in activities providing community services, as defined in section 441(c) of the Higher Education Act of 1965 (42 U.S.C. 2751(c)), during such preceding academic year, the quality of such activities, and the average amount of time spent, per student, engaged in such activities;

(C)

for such preceding academic year, the percentage of Federal work-study funds made available to the institution under part C of title IV of the Higher Education Act of 1965 (42 U.S.C. 2751 et seq.) that is used to compensate students employed in providing community services, as so defined, and a description of the efforts the institution undertakes to make available to students opportunities to provide such community services and be compensated through such work-study funds;

(D)

at the discretion of the institution, information demonstrating the degree to which recent graduates of the institution, and all graduates of the institution, have obtained full-time public service employment in the nonprofit sector or government, with a private nonprofit organization or a Federal, State, or local public agency; and

(E)

any programs the institution has in place to encourage or assist graduates of the institution to pursue careers in public service in the nonprofit sector or government.

(c)

Nominations and Designation

(1)

Nomination

(A)

In general

A State Commission that receives applications from institutions of higher education under subsection (b) may nominate, for designation under subsection (a), not more than 3 such institutions of higher education, consisting of—

(i)

not more than one 4-year public institution of higher education;

(ii)

not more than one 4-year private institution of higher education; and

(iii)

not more than one 2-year institution of higher education.

(B)

Submission

The State Commission shall submit to the Corporation the name and application of each institution nominated by the State Commission under subparagraph (A).

(2)

Designation

The Corporation shall designate, under subsection (a), not more than 25 institutions of higher education from among the institutions nominated under paragraph (1). In making the designations, the Corporation shall, if feasible, designate various types of institutions, including institutions from each of the categories of institutions described in clauses (i), (ii), and (iii) of paragraph (1)(A).

(d)

Awards

(1)

In general

Using sums appropriated under section 501(a)(1)(C), the Corporation shall provide an award to institutions designated under subsection (c), to be used by the institutions to develop or disseminate service-learning models and best practices regarding service-learning to other institutions of higher education.

(2)

Plans

To be eligible to receive funds under this subsection, an institution designated under subsection (c) shall submit a plan to the Corporation describing how the institution intends to use the funds to encourage or assist those students to pursue public service careers in the nonprofit sector or government.

(3)

Allocation

The Corporation shall determine how the funds appropriated under section 501(a)(1)(C) for a fiscal year will be allocated among the institutions submitting acceptable plans under paragraph (2). In determining the amount of funds to be allocated to such an institution, the Corporation shall consider the number of students at the institution, and the quality and scope of the plan submitted by the institution under paragraph (2) and the institution’s current (as of the date of submission of the plan) strategies to encourage or assist students to pursue public service careers in the nonprofit sector or government.

.

1203.

Innovative programs and research

Subtitle B of title I (42 U.S.C. 12521 et seq.) is further amended by adding after part II the following new part:

III

INNOVATIVE DEMONSTRATION SERVICE–LEARNING PROGRAMS AND RESEARCH

120.

Innovative demonstration service-learning programs and research

(a)

In general

From the amounts appropriated to carry out this part for a fiscal year, the Corporation may make grants and fixed-amount grants (in accordance with section 129(l)) with eligible entities for activities described in subsection (c).

(b)

Definitions

For purposes of this part, the following definitions apply:

(1)

Eligible entities

The term eligible entity means a State education agency, a State Commission, a Territory, an Indian tribe, an institution of higher education, or a public or private nonprofit organization (including community-based organizations), a public or private elementary or secondary school, a local educational agency, or a consortia of such entities, where a consortia of two or more such entities may also include a for-profit organization.

(2)

Youth Engagement Zone

The term youth engagement zone means the area in which a youth engagement zone program is carried out.

(3)

Youth Engagement Zone Program

The term youth engagement zone program means a service learning program in which members of an eligible partnership described in paragraph (4) collaborate to provide coordinated school-based or community-based service learning opportunities, to address a specific community challenge, for an increasing percentage of out-of-school youth and secondary school students served by local educational agencies where—

(A)

not less than 90 percent of the students participate in service-learning activities as part of the program; or

(B)

service-learning is a mandatory part of the curriculum in all of the secondary schools served by the local educational agency.

(4)

Eligible Partnership

(A)

In general

The term ‘eligible partnership’ means—

(i)

one or more community-based agencies that have demonstrated records of success in carrying out service-learning programs with disadvantaged students, and that meet such criteria as the Chief Executive Officer may establish; in combination with;

(ii)

(I)

one or more local educational agencies for which—

(aa)

a high number or percentage of the students served by the agency, as determined by the Corporation, are disadvantaged students; and

(bb)

the graduation rate for the secondary school students served by the agency is less than 70 percent; or

(II)

a State Commission; or

(III)

a State educational agency.

(B)

Additional entities

An eligible partnership may also include—

(i)

a local government agency that is not described in subparagraph (A);

(ii)

the office of the chief executive officer of a unit of general local government; or

(iii)

an institution of higher education.

(c)

Authorized activities

Funds under this part may be used to—

(1)

integrate service-learning programs into the science, technology, engineering, and mathematics (STEM) curricula at the elementary, secondary, or post-secondary, and post-baccalaureate levels in coordination with practicing or retired STEM professionals;

(2)

involve students in service-learning programs focusing on energy conservation in their community, including conducting educational outreach on energy conservation and working to improve energy efficiency in low income housing and in public spaces;

(3)

involve students in service-learning projects in emergency and disaster preparedness;

(4)

involve students in service-learning projects aimed at improving access to and obtaining benefits from computers and other emerging technologies, including improving such access to individuals with disabilities, in low income or rural communities, in senior centers and communities, in schools, in libraries, and in other public spaces;

(5)

involve high school age youth in the mentoring of middle school youth while involving all participants in service-learning to seek to meet unmet human, educational, environmental, public safety, or emergency disaster preparedness needs in their community;

(6)

conduct research and evaluations on service-learning, including service-learning in middle schools, and disseminate such research and evaluations widely;

(7)

conduct innovative and creative activities as described in section 111(b);

(8)

establish or implement summer of service programs (giving priority to programs that enroll youth in grades 6 through 9) during the summer months, including the cost of recruitment, training, and placement of service-learning coordinators—

(A)

for youth who will be enrolled in any grade from grade 6 through grade 12 at the end of the summer concerned;

(B)

for community-based service-learning projects that—

(i)

shall—

(I)

meet unmet human, educational, environmental (including energy conservation and stewardship), emergency and disaster preparedness, and public service needs; and

(II)

be intensive, structured, supervised, and designed to produce identifiable improvements to the community; and

(ii)

may include the extension of academic year service-learning programs into the summer months;

(C)

under which any student who completes 100 hours of service in an approved summer of service position, as certified through a process determined by the Corporation through regulations consistent with section 138(f), shall be eligible for a summer of service educational award of not more than $500 (or, at the discretion of the Chief Executive Officer, not more than $1,000 in the case of a participant who is economically disadvantaged) from funds deposited in the National Service Trust and distributed by the Corporation as described in section 148; and

(D)

subject to the limitation that a student may not receive more than 2 summer of service educational awards from funds deposited in the National Service Trust;

(9)

establish or implement youth engagement zone service learning programs in youth engagement zones for students in secondary school served by local educational agencies where a majority of such students do not participate in service learning activities carried out by eligible partnerships as defined in paragraph (4) that are designed to—

(A)

involve all students in secondary school in the local educational agency in service-learning to address a specific community challenge;

(B)

improve student engagement, including student attendance and student behavior, and student achievement, graduation rates, and college-going rates in secondary schools;

(C)

involve an increasing percentage of students in secondary school and out-of-school youth in the community in school-based or community based service-learning activities each year, with the goal of involving all students in secondary schools served by the local educational agency and involving an increasing percentage of the out-of-school youth in service learning activities; and

(D)

encourage participants to engage in service throughout their lives; and

(10)

carry out any other innovative service-learning programs or research that the Corporation considers appropriate.

(d)

Priority

Priority shall be given to programs that—

(1)

involve students and community stakeholders in the design and implementation of the service-learning program;

(2)

implement service-learning programs in low-income or rural communities; and

(3)

utilize adult volunteers, including tapping the resource of retired and retiring adults, in the planning and implementation of the service-learning programs.

(e)

Requirements

(1)

Three-year term

Each program funded under this part shall be carried out over a period of three years, including one planning year and two additional grant years, with a 1-year extension possible, if the program meets performance measures developed in accordance with section 179(a) and any other criteria determined by the Corporation.

(2)

Collaboration encouraged

Each program funded under this part is encouraged to collaborate with other Learn and Serve programs, AmeriCorps, VISTA, and the National Senior Service Corps.

(3)

Evaluation

Upon completion of the program, the Corporation shall conduct an independent evaluation of the program and widely disseminate the results to the service community through multiple channels, including the Corporation’s Resource Center or a clearinghouse of effective strategies and recommendations for improvement.

(f)

Matching funds

(1)

In general

The Federal share of the cost of carrying out a program for which a grant (that is not a fixed-amount grant as described in section 129(l)) is made under this part may not exceed 75 percent of the total cost of the program in the first year of the grant and 50 percent of the total cost of the program in the remaining years of the grant, including if the grant is extended for a fourth year.

(2)

Non-Federal contribution

In providing for the remaining share of the cost of carrying out such a program, each recipient of a grant under this part—

(A)

shall provide for such share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services; and

(B)

may provide for such share through State sources or local sources, including private funds or donated services.

(3)

Waiver

The Chief Executive Officer may waive the requirements of paragraph (1) in whole or in part with respect to any such program for any fiscal year if the Corporation determines that such action would be equitable due to lack of resources at the local level.

(g)

Applications

To be eligible to carry out a program under this part, an entity shall prepare, submit to the Corporation, and obtain approval of, an application at such time and in such manner as the Chief Executive Officer may reasonably require.

.

C

Amendments to Subtitle C (National Service Trust Program)

1301.

Prohibition on grants to Federal agencies; limits on Corporation costs

Section 121 (42 U.S.C. 12571) is amended—

(1)

in subsection (a), in the matter preceding paragraph (1), by inserting after subdivisions of States, the following: Territories,;

(2)

in subsection (b)—

(A)

in the heading, by striking Agreements With Federal Agencies and inserting Restrictions on Agreements With Federal Agencies;

(B)

in paragraph (1)—

(i)

by striking a contract or cooperative agreement and inserting an interagency agreement other than a grant;

(ii)

by inserting or otherwise supported after program carried out;

(iii)

by striking by the agency. and inserting by the agency, including programs under the Public Lands Corps and Urban Youth Corps as described in section 122(a)(2).; and

(iv)

by striking the second sentence;

(C)

by striking paragraph (2) and inserting the following:

(2)

Prohibition on grants

The Corporation may not provide a grant under this section to a Federal agency.

; and

(D)

in paragraph (3), by striking receiving assistance under this subsection and inserting operating a national service program; and

(3)

in subsection (c)(2)(B), by striking to be provided and inserting to be provided or otherwise approved;

(4)

in subsection (d)—

(A)

in the subsection heading, by striking Five and inserting Six; and

(B)

in paragraph (1), by striking 5 percent and inserting 6 percent; and

(5)

in subsection (e)—

(A)

in paragraph (1)—

(i)

by striking section 140 and inserting paragraph (2);

(ii)

by striking Federal share of the cost and inserting Corporation share of the cost, including member living allowances, employment-related taxes, health care coverage, and worker's compensation and other necessary operation costs,;

(iii)

by striking may not exceed 75 percent of such cost. and inserting may not exceed—; and

(iv)

by adding at the end the following:

(A)

for the first 3 years in which the recipient receives such assistance, 76 percent of such cost;

(B)

for the fourth through ninth years in which the recipient receives such assistance, a decreasing share of such cost between 76 percent and 50 percent, as established by the Corporation in regulation; and

(C)

for the tenth year (and each year thereafter) in which the recipient receives such assistance, 50 percent of such cost.

;

(B)

by striking paragraph (3);

(C)

by redesignating paragraph (2) as paragraph (3); and

(D)

by inserting after paragraph (1) the following:

(2)

Alternative Corporation share for programs in rural or severely economically distressed communities

Upon approval by the Corporation, the Corporation share of the cost, including member living allowances, employment-related taxes, health care coverage, and worker’s compensation, of carrying out a national service program that receives assistance under subsection (a) and that is located in a rural or severely economically distressed community may not exceed—

(A)

for the first 6 years in which the recipient receives such assistance, 76 percent of such cost;

(B)

for the seventh through ninth years in which the recipient receives such assistance, a decreasing share of such cost between 76 and 65 percent as established by the Corporation in regulation; and

(C)

for the tenth year (and each year thereafter) in which the recipient receives such assistance, 65 percent of such cost.

; and

(E)

by adding at the end the following:

(5)

Other Federal funds

(A)

Recipient report

A recipient of assistance under section 121 (other than a recipient of assistance of a fixed-amount grant) shall report to the Corporation the amount and source of any Federal funds used to carry out the program other than those provided by the Corporation.

(B)

Corporation report

The Corporation shall report to the appropriate committees of Congress on an annual basis information regarding each recipient under subparagraph (A) that uses Federal funds other than those provided by the Corporation to carry out the program, including amounts and sources of other Federal funds.

.

1302.

Required and eligible national service programs

Section 122 is amended to read as follows:

122.

National Service Programs Eligible for Program Assistance

(a)

Required National Service Corps

The recipient of a grant under section 121(a) and each Federal agency operating or supporting a national service program under section 121(b) shall, directly or through grants or subgrants to other entities, carry out or support the following national service corps, as full- or part-time corps, including during the summer months, to address unmet educational, health, veteran, or environmental needs:

(1)

Education Corps

An Education Corps that identifies unmet educational needs within communities through activities such as those described in subparagraph (A) and meets or exceeds the performance indicators under subparagraph (B).

(A)

Activities

An Education Corps described in this paragraph may carry out activities such as—

(i)

tutoring, or providing other academic support to students;

(ii)

full-time classroom instruction;

(iii)

mentoring students, including adult or peer mentoring;

(iv)

linking needed integrated services and comprehensive supports with students, their families, and their public schools;

(v)

improving school climate;

(vi)

providing assistance to a school in expanding the school day by strengthening the quality of staff and expanding the academic programming offered in an expanded learning time initiative, a program of a 21st century community learning center (as defined in section 4201 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171)), or a high-quality after-school program, such as through recruiting, placing, training and supporting a full-time corps of Fellows who are graduates of 4-year institutions of higher education or 2-year institutions of higher education with a certificate or degree in youth development to administer the initiative or program at high-need school;

(vii)

assisting schools and local educational agencies in improving and expanding high-quality service-learning programs that keep students engaged in schools by providing service-learning coordinators;

(viii)

assisting students in being prepared for college-level work;

(ix)

involving family members of students in supporting teachers and students;

(x)

conducting a pre-professional training program in which students enrolled in an institution of higher education—

(I)

receive training in specified fields, which may include classes containing service-learning, including early childhood education, elementary and secondary education and other professions such as those in health care, criminal justice, environmental stewardship and conservation or public safety;

(II)

perform service related to such training outside the classroom during the school term and during summer or other vacation periods; and

(III)

agree to provide service upon graduation to meet unmet human, educational, environmental, or public safety needs related to such training;

(xi)

A campus-based program that is designed to provide substantial service in a community during the school term and during summer or other vacation periods through the use of—

(I)

students who are attending an institution of higher education, including students participating in a work-study program assisted under part C of title IV of the Higher Education Act of 1965 (42 U.S.C. 2751 et seq.);

(II)

teams composed of such students;

(III)

teams composed of a combination of such students and community residents; or

(IV)

students participating in service-learning programs at an institution of higher education;

(xii)

a program that provides specialized training to individuals in service-learning and places the individuals after such training in positions, including positions as service-learning coordinators, to facilitate service-learning in programs eligible for funding under part I of subtitle B;

(xiii)

providing education or job training services that are designed to meet the needs of rural communities; and

(xiv)

other activities addressing unmet educational needs as the Corporation may designate.

(B)

Education Corps indicators

The corps indicators for a corps described in this paragraph are—

(i)

student engagement, including student attendance and student behavior;

(ii)

student academic achievement;

(iii)

high school graduation rates;

(iv)

rate of college enrollment and continued college enrollment for recipients of a high school diploma;

(v)

an additional indicator relating to improving education for students that the Corporation, in consultation with the Secretary of Education, establishes for a given year;

(vi)

a local indicator (applicable to a particular eligible entity and on which an improvement in performance is needed) relating to improving education for students, proposed by that eligible entity in an application submitted to, and approved by, a State Commission or the Corporation under this section; and

(vii)

any additional local indicator (applicable to a particular eligible entity and on which an improvement in performance is needed) that is approved by the Corporation.

(2)

Healthy Futures Corps

A Healthy Futures Corps that identifies unmet health needs within communities through activities such as those described in subparagraph (A) and meets or exceeds the performance indicators under subparagraph (B).

(A)

Activities

A Healthy Futures Corps described in this paragraph may carry out activities such as—

(i)

assisting economically disadvantaged individuals in navigating the health care system;

(ii)

assisting individuals in obtaining access to health care for themselves or their children;

(iii)

educating economically disadvantaged individuals and individuals who are members of medically underserved populations about, and engaging individuals described in this clause in, initiatives regarding navigating the health care system and regarding disease prevention and health promotion, with a particular focus on common health conditions, chronic diseases, and conditions, for which disease prevention and health promotion measures exist and for which socioeconomic, geographic, and racial and ethnic health disparities exist;

(iv)

improving health literacy of patients;

(v)

providing translation services at clinics and in emergency rooms to improve health care;

(vi)

providing services designed to meet the needs of rural communities;

(vii)

assisting in health promotion interventions that improve health status, and helping people adopt and maintain healthy lifestyles and habits to improve health status; and

(viii)

other activities addressing unmet health needs as the Corporation may designate.

(B)

Healthy Futures Corps indicators

The corps indicators for a corps described in this paragraph are—

(i)

access to health care among economically disadvantaged individuals and individuals who are members of medically underserved populations;

(ii)

access to health care for uninsured individuals, including such individuals who are economically disadvantaged children;

(iii)

participation, among economically disadvantaged individuals and individuals who are members of medically underserved populations, in disease prevention and health promotion initiatives, particularly those with a focus on addressing common health conditions, addressing chronic diseases, and decreasing health disparities;

(iv)

health literacy of patients;

(v)

an additional indicator, relating to improving or protecting the health of economically disadvantaged individuals and individuals who are members of medically underserved populations, that the Corporation, in consultation with the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention, establishes for a given year;

(vi)

a local indicator (applicable to a particular eligible entity and on which an improvement in performance is needed) relating to improving or protecting the health of economically disadvantaged individuals and individuals who are members of medically underserved populations, proposed by that eligible entity in an application submitted to, and approved by, a State Commission or the Corporation under this section; and

(vii)

any additional local indicator (applicable to a particular eligible entity and on which an improvement in performance is needed) that is approved by the Corporation.

(3)

Clean Energy Corps

A Clean Energy Corps that identifies unmet environmental needs within communities through activities such as those described in subparagraph (A) and meets or exceeds the performance indicators under subparagraph (B).

(A)

Activities

A Clean Energy Corps described in this paragraph may carry out activities such as—

(i)

weatherizing and retrofitting housing units for low-income households to significantly improve the energy efficiency and reduce carbon emissions of such housing units;

(ii)

building energy efficient housing units in low-income communities;

(iii)

conducting energy audits for low-income households and recommending ways for the households to improve energy efficiency;

(iv)

the enhancement of renewable energy production by facilitating the installation or repair of renewable energy technologies;

(v)

assisting in emergency operations, such as disaster prevention and relief;

(vi)

the repair, renovation, or rehabilitation of an existing infrastructure facility including, but not limited to, rail, mass transportation, ports, inland navigation, schools and hospitals;

(vii)

working with schools and youth programs to educate students and youth about ways to reduce home energy use and improve the environment, including conducting service-learning projects to provide such education;

(viii)

assisting in the development of local recycling programs;

(ix)

improving national and State parks, city parks, county parks, forest preserves, and trails owned or maintained by the Federal Government or a State, including planting trees, carrying out reforestation, and making trail enhancements;

(x)

cleaning and improving rivers maintained by the Federal Government or a State;

(xi)

full-time, year-round youth corps program or full-time summer youth corps program, such as a conservation corps or youth service corps (including youth corps programs under subtitle I, the Public Lands Corps established under the Public Lands Corps Act of 1993, the Urban Youth Corps established under section 106 of the National and Community Service Trust Act of 1993, and other conservation corps or youth service corps that performs service on Federal or other public lands or on Indian lands or Hawaiian home lands), that—

(I)

undertakes meaningful service projects with visible public benefits, including projects involving urban renewal, sustaining natural resources, or improving human services;

(II)

includes as participants youths and young adults between the ages of 16 and 25, inclusive, and at least 50 percent of whom are out-of-school youths and other disadvantaged youths (such as youths with limited basic skills, youths in foster care who are becoming too old for foster care, youths of limited-English proficiency, homeless youths, youths who are individuals with disabilities), and youths who are economically disadvantaged who are between those ages; and

(III)

provides those participants who are youths and young adults with—

(aa)

crew-based, highly structured, and adult-supervised work experience, life skills, education, career guidance and counseling, employment training, and support services including mentoring; and

(bb)

the opportunity to develop citizenship values and skills through service to their community and the United States;

(xii)

projects designed to renew and rehabilitate National Park resources and enhance services and learning opportunities for National Park visitors, communities, and schools; and

(xiii)

other activities addressing unmet environmental needs as the Corporation may designate.

(B)

Clean Energy Corps indicators

The corps indicators for a corps described in this paragraph are—

(i)

the number of housing units of low-income households weatherized or retrofitted to significantly improve energy efficiency and reduce carbon emissions;

(ii)

annual energy costs (to determine savings in those costs) at facilities where participants have provided service;

(iii)

the number of students and youth receiving education or training in energy-efficient and environmentally conscious practices;

(iv)

the number of national parks, State parks, city parks, county parks, forest preserves, or trails or rivers owned or maintained by the Federal Government or a State, that are cleaned or improved;

(v)

another indicator relating to clean energy that the Corporation, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Energy and the Department of Interior, as appropriate, establishes for a given year;

(vi)

another indicator relating to education or skill attainment for clean energy jobs that the Corporation, in consultation with the Secretary of Labor, establishes for a given year;

(vii)

a local indicator (applicable to a particular eligible entity and on which an improvement in performance is needed) relating to clean energy, or education or skill attainment for clean energy jobs, proposed by that eligible entity in an application submitted to, and approved by, a State Commission or the Corporation under this section; and

(viii)

any additional local indicator (applicable to a particular eligible entity and on which improvement in performance is needed) that is approved by the Corporation.

(4)

Veterans’ Corps

A Veterans’ Corps that identifies unmet needs of veterans through activities such as those described in subparagraph (A) and meets or exceeds the performance indicators under subparagraph (B).

(A)

Activities

A Veterans’ Corps described in this paragraph may carry out activities such as—

(i)

promoting community-based efforts to meet the unique needs of military families while a family member is deployed and upon that family member’s return home;

(ii)

recruiting veterans, particularly returning veterans, into service opportunities;

(iii)

working to assist veterans in developing their educational opportunities, including opportunities for professional certification;

(iv)

promoting efforts within the community to serve the needs of veterans and active duty military members;

(v)

assisting veterans in developing mentoring relationships with economically disadvantaged students;

(vi)

developing projects to assist disabled, unemployed, and older veterans; and

(vii)

other activities addressing unmet veterans’ needs as the Corporation may designate.

(B)

Veterans’ Corps indicators

The corps indicators for a corps described in this paragraph are—

(i)

the number of housing units created for veterans;

(ii)

the number of veterans who pursue educational opportunities;

(iii)

the number of veterans receiving professional certification;

(iv)

outreach efforts to service organizations serving the needs to veterans;

(v)

the number of veterans engaged in service opportunities;

(vi)

the number of military families assisted by organizations while the family member is deployed and when the family member returns from deployment;

(vii)

the number of economically disadvantaged students engaged in mentoring relationships with veterans;

(viii)

projects designed to meet identifiable public needs with a specific emphasis on projects in support of veterans, especially disabled and older veterans;

(ix)

another indicator relating to education or skill attainment that assists in providing veterans with the skills to address identifiable public needs, that is approved by the Corporation;

(x)

other additional indicators that improve the lives of veterans and families of individuals deployed in service, that the Corporation, in consultation with the Department of Veterans Affairs, establishes for a given year; and

(xi)

any additional local indicator (applicable to a particular eligible entity and on which an improvement in performance is needed) that is approved by the Corporation.

(b)

Eligible Opportunity Corps Programs

The recipient of a grant under section 121(a) and each Federal agency operating or supporting a national service program under section 121(b) shall, directly or through grants or subgrants to other entities, carry out or support full-or part-time national service programs, including summer programs, to address unmet community needs.

(1)

Eligible Programs

National service programs under this subsection shall be known as Opportunity Corps and may include the following types of national service programs:

(A)

A community corps program that meets unmet human, educational, environmental, or public safety needs and promotes greater community unity through the use of organized teams of participants of varied social and economic backgrounds, skill levels, physical and developmental capabilities, ages, ethnic backgrounds, or genders.

(B)

A professional corps program that recruits and places qualified participants in positions—

(i)

such as teachers, nurses and other health care providers, police officers, early childhood development staff, engineers, or other professionals providing service to meet educational, human, environmental, or public safety needs in communities with an inadequate number of such professionals;

(ii)

that may include a salary in excess of the maximum living allowance authorized in subsection (a)(3) of section 140, as provided in subsection (c) of such section; and

(iii)

that are sponsored by public or private employers who agree to pay 100 percent of the salaries and benefits (other than any national service educational award under subtitle D) of the participants.

(C)

A community service program designed to meet the needs of rural communities, using teams or individual placements to address the development needs of rural communities, including the issues of rural poverty, health care, education, and job training.

(D)

A program that seeks to eliminate hunger in communities and rural areas through service in projects—

(i)

involving food banks, food pantries, and nonprofit organizations that provide food during emergencies;

(ii)

involving the gleaning of prepared and unprepared food that would otherwise be discarded as unusable so that the usable portion of such food may be donated to food banks, food pantries, and other nonprofit organizations;

(iii)

seeking to address the long-term causes of hunger through education and the delivery of appropriate services; or

(iv)

providing training in basic health, nutrition, and life skills necessary to alleviate hunger in communities and rural areas.

(E)

An E-Corps program that involves participants who provide services in a community by developing and assisting in carrying out technology programs which seek to increase access to technology and the benefits thereof in such community.

(F)

A program that engages citizens in public safety, public health, and emergency and disaster preparedness, and may include the recruitment and placing of qualified participants in positions to be trainees as law enforcement officers, firefighters, search and rescue personnel, and emergency medical service workers, and may engage Federal, State, and local stakeholders in collaboration to organize more effective responses to issues of public safety and public health, emergencies, and disasters.

(G)

A program, initiative, or partnership that seeks to expand the number of mentors for youths (including by recruiting high-school and college-aged individuals to enter into mentoring relationships), including mentors for disadvantaged youths, either through provision of direct mentoring services, provision of supportive services to direct mentoring service organizations (in the case of a partnership), or through the creative utilization of current and emerging technologies to connect youth with mentors.

(H)

A program that has the primary purpose of re-engaging court-involved youth and adults with the goal of reducing recidivism.

(I)

Programs to support the needs of veterans or active duty service members and their families, including providing opportunities to participate in service projects.

(J)

Such other national service programs addressing unmet human, educational, environmental, or public safety needs as the Corporation may designate.

(2)

Opportunity Corps indicators

The corps indicators for programs under this subsection are—

(A)

financial literacy among economically disadvantaged individuals;

(B)

housing units built or improved for economically disadvantaged individuals or low-income families;

(C)

economically disadvantaged individuals with access to job training and other skill enhancement;

(D)

economically disadvantaged individuals with access to information about job placement services;

(E)

a reduced crime rate in the community where service is provided;

(F)

established or improved access to technology in the community where service is provided;

(G)

mentor relationships among disadvantaged youth;

(H)

food security among economically disadvantaged individuals;

(I)

service opportunities through the programs described in subparagraphs (A), (B), and (F) for economically disadvantaged individuals;

(J)

an additional indicator relating to improving economic opportunity for economically disadvantaged individuals that the Corporation, in consultation with the Secretary of Health and Human Services, the Secretary of Labor, and the Attorney General, establishes for a given year;

(K)

a local indicator (applicable to a particular eligible entity and on which an improvement in performance is needed) relating to improving economic opportunity for economically disadvantaged individuals, proposed by that eligible entity in an application submitted to, and approved by, a State Commission or the Corporation under this section;

(L)

increase capacity of local nonprofit organizations to meet the needs of disadvantaged people and communities;

(M)

any additional indicator proposed by a Governor or State Commission that is approved by the Corporation; and

(N)

any additional local indicator (applicable to a particular eligible entity and on which an improvement in performance is needed) that is approved by the Corporation.

(c)

Priorities for certain required corps

In awarding financial assistance and approved national service positions to eligible entities proposed to carry out the required corps described in subsection (a)—

(1)

in the case of a corps described in subsection (a)(2)—

(A)

the Corporation may give priority to such eligible entities that propose to develop policies to provide, and provide, support for participants who, after completing service under this section, will undertake careers to improve performance on health indicators; and

(B)

the Corporation shall give priority to such eligible entities that propose to carry out national service programs in medically underserved areas (as designated by the Secretary of Health and Human Services as an area with a shortage of personal health services); and

(2)

in the case of a corps described in subsection (a)(3), the Corporation shall give priority to such eligible entities that propose to recruit individuals for the Clean Energy Corps so that significant percentages of participants in the Corps are economically disadvantaged individuals, and provide to such individuals support services and education and training to develop skills needed for clean energy jobs for which there is current demand or projected future demand.

(d)

Consultation on performance indicators

The Corporation shall consult with the Secretaries of Education, Health and Human Services, Energy, Veterans Affairs, Department of Interior, the Administrator of the Environmental Protection Agency, and the Attorney General, as appropriate, in developing additional performance indicators for the corps and programs described in subsections (a) and (b).

(e)

Qualification Criteria To Determine Eligibility

(1)

Establishment by corporation

The Corporation shall establish qualification criteria for different types of national service programs for the purpose of determining whether a particular national service program should be considered to be a national service program eligible to receive assistance or approved national service positions under this subtitle.

(2)

Consultation

In establishing qualification criteria under paragraph (1), the Corporation shall consult with organizations and individuals with extensive experience in developing and administering effective national service programs or regarding the delivery of human, educational, environmental, or public safety services to communities or persons.

(3)

Application to subgrants

The qualification criteria established by the Corporation under paragraph (1) shall also be used by each recipient of assistance under section 121(a) that uses any portion of the assistance to conduct a grant program to support other national service programs.

(4)

Encouragement of intergenerational components of programs

The Corporation shall encourage national service programs eligible to receive assistance or approved national service positions under this subtitle to establish, if consistent with the purposes of the program, an intergenerational component of the program that combines students, out-of-school youths, disadvantaged youth, and older adults as participants to provide services to address unmet human, educational, environmental, or public safety needs.

(f)

National Service Priorities

(1)

Establishment

(A)

By corporation

In order to concentrate national efforts on meeting certain human, educational, environmental, or veterans’ needs and to achieve the other purposes of this Act, the Corporation, consistent with the strategic plan approved under section 192A(g)(1), shall establish (and may periodically alter) priorities regarding the types of national service programs and corps to be assisted under section 129 and the purposes for which such assistance may be used. In establishing such priorities, the Corporation—

(i)

shall select 2 or more of the corps described in subsection (a) to receive assistance under section 129(d); and

(ii)

may select other programs described in subsection (b) to receive assistance under such section.

(B)

By states

Consistent with paragraph (4), States shall establish, and through the national service plan process described in section 178(e)(1), periodically alter priorities as appropriate regarding the national service programs to be assisted under section 129(d) and 129(e). The State priorities shall be subject to Corporation review as part of the application process under section 130.

(2)

Notice to applicants

The Corporation shall provide advance notice to potential applicants of any national service priorities to be in effect under this subsection for a fiscal year. The notice shall specifically include—

(A)

a description of any alteration made in the priorities since the previous notice; and

(B)

a description of the national service programs that are designated by the Corporation under section 133(d)(2) as eligible for priority consideration in the next competitive distribution of assistance under section 121(a).

(3)

Regulations

The Corporation shall by regulation establish procedures to ensure the equitable treatment of national service programs that—

(A)

receive funding under this subtitle for multiple years; and

(B)

would be adversely affected by annual revisions in such national service priorities.

(4)

Application to subgrants

Any national service priorities established by the Corporation under this subsection shall also be used by each recipient of funds under section 121(a) that uses any portion of the assistance to conduct a grant program to support other national service programs.

(g)

Requirements for tutors

(1)

In general

Except as provided in paragraph (2), the Corporation shall require that each recipient of assistance under the national service laws that operates a tutoring program involving elementary or secondary school students certifies that individuals serving in approved national service positions as tutors in such program have—

(A)

either—

(i)

obtained their high school diploma; or

(ii)

passed a proficiency test demonstrating that such individuals have the skills necessary to achieve program goals; and

(B)

have successfully completed pre- and in-service training for tutors.

(2)

Exception

The requirements in paragraph (1) do not apply to an individual serving in an approved national service position who is enrolled in an elementary or secondary school and is providing tutoring services through a structured, school-managed cross-grade tutoring program.

(h)

Requirements for tutoring programs

Each tutoring program that receives assistance under the national service laws shall—

(1)

offer a curriculum that is high quality, research-based, and consistent with the State academic content standards required by section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) and the instructional program of the local educational agency; and

(2)

offer high quality, research-based pre- and in-service training for tutors.

(i)

Citizenship training

The Corporation shall establish requirements for recipients of assistance under the national service laws relating to the promotion of citizenship and civic engagement, that are consistent with the principles on which citizenship programs administered by U.S. Citizenship and Immigration Services are based and are appropriate to the age, education, and experience of the participants enrolled in approved national service positions and approved summer of service positions.

(j)

Report

Not later than 60 days after the end of each fiscal year for which the Corporation makes grants under section 121(a), the Corporation shall prepare and submit to the appropriate committees of Congress a report containing—

(1)

information describing how the Corporation allocated financial assistance and approved national service positions among eligible entities proposed to carry out national service corps described in that subsection (a) for that fiscal year; and

(2)

information describing the amount of financial assistance and the number of approved national service positions the Corporation provided to each national service corps described in subsection (a) for that fiscal year;

(3)

a measure of the extent to which the national service corps improved performance on the corresponding indicators; and

(4)

information describing how the Corporation is coordinating—

(A)

the national service corps funded under subsection (a); with

(B)

applicable programs, as determined by the Corporation, carried out under subtitles B of this title, and part A of title I and parts A and B of title II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq., 5001, 5011) that improve performance on those indicators or otherwise address identified community needs.

.

1303.

Types of positions

Section 123 (42 U.S.C. 12573) is amended—

(1)

in paragraph (2)(A) by inserting after subdivision of a State, the following: a Territory,; and

(2)

in paragraph (5) by inserting National before Civilian Community Corps.

1304.

Conforming repeal relating to training and technical assistance

Section 125 (42 U.S.C. 12575) is repealed.

1305.

Assistance to State Commissions; challenge grants

Section 126 (42 U.S.C. 12576) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by striking $125,000 and $750,000 and inserting $250,000 and $1,000,000; and

(B)

by striking paragraph (2) and inserting the following:

(2)

Matching requirement

In making grants to a State under this subsection, the Corporation shall require the State to provide matching funds of $1 from non-Federal sources for every $1 provided by the Corporation.

(3)

Alternative

Notwithstanding paragraph (2), the Chief Executive Officer may permit a State that demonstrates hardship or a new State Commission to use an alternative match as follows:

(A)

First $100,000

For the first $100,000 of grant amounts provided by the Corporation, a State shall not be required to provide matching funds.

(B)

Amounts greater than $100,000

For grant amounts of more than $100,000 and not exceeding $200,000 provided by the Corporation, a State shall provide $1 from non-Federal sources for every $2 provided by the Corporation.

(C)

Amounts greater than $200,000

For grant amounts of more than $200,000 provided by the Corporation, a State shall provide $1 from non-Federal sources for every $1 provided by the Corporation.

(D)

Reservation of Funds

The corporation shall ensure that it reserves funds for assistance provided under section 126(a) at an aggregate amount equal to that of at least 150 percent allocated in fiscal year 2004 for the first full fiscal year after the date of enactment of the GIVE Act. Each subsequent year the corporation shall increase the amount reserved proportionately including minimum and maximum amounts described in paragraph (1) to the amount of program funding allocated in subtitle C.

;

(2)

in subsection (b), by striking the period and inserting and to support, including through mission-assignments under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5147), nonprofit organizations and public agencies responding to the needs of communities in disasters.; and

(3)

in subsection (c)—

(A)

in paragraph (1), by striking to national service programs that receive assistance under section 121 and inserting to programs supported under the national service laws; and

(B)

by striking paragraph (3) and inserting the following:

(3)

Amount of assistance

A challenge grant under this subsection may provide, for an initial 3-year grant period, not more than $1 of assistance under this subsection for each $1 in cash raised from private sources by the program supported under the national service laws in excess of amounts required to be provided by the program to satisfy matching funds requirements. After an initial 3-year grant period, grants under this subsection may provide not more than $1 of assistance for each $2 in cash raised from private sources by the program in excess of amounts required to be provided by the program to satisfy matching funds requirements. The Corporation may permit the use of local or State funds as matching funds if the Corporation determines that such use would be equitable due to a lack of available private funds at the local level. The Corporation shall establish a ceiling on the amount of assistance that may be provided to a national service program under this subsection.

.

1306.

Allocation of assistance to States and other eligible entities

Section 129 (42 U.S.C. 12581) is amended to read as follows:

129.

Provision of assistance and approved national service positions

(a)

1-Percent Allotment for Certain Territories

Of the funds allocated by the Corporation for provision of assistance under section 121(a) for a fiscal year, the Corporation shall reserve 1 percent for grants to the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands upon approval by the Corporation of an application submitted under section 130. The amount allotted as a grant to each such Territory under this subsection for a fiscal year shall be equal to the amount that bears the same ratio to 1 percent of the allocated funds for that fiscal year as the population of the Territory bears to the total population of such Territories.

(b)

Allotment for Indian Tribes

Of the funds allocated by the Corporation for provision of assistance under section 121(a) for a fiscal year, the Corporation shall reserve at least 1 percent for grants to Indian tribes, including nonprofit organizations applying on behalf of a tribe or tribes, to be allotted by the Corporation on a competitive basis. In the case of a nonprofit organization applying on behalf of a tribe or tribes such nonprofit organization shall include in its application—

(1)

written documentation from such tribe or tribes that such tribe or tribes has approved the application and authorized such nonprofit organization to submit an application on the behalf of the tribe or tribes; and

(2)

certification that the nonprofit organization will use the grant exclusively to serve members of such tribe or tribes and will, to the maximum extent practicable, do so on tribal lands.

(c)

Reservation of approved positions

The Corporation shall ensure that each individual selected during a fiscal year for assignment as a VISTA volunteer under title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.) or as a participant in the Civilian Community Corps Demonstration Program under subtitle E shall receive the national service educational award described in subtitle D if the individual satisfies the eligibility requirements for the award. Funds for approved national service positions required by this paragraph for a fiscal year shall be deducted from the total funding for approved national service positions to be available for distribution under subsections (d) and (e) for that fiscal year.

(d)

Allotment for competitive grants

Of the funds allocated by the Corporation for provision of assistance under section 121(a) for a fiscal year and subject to section 133(d)(3), the Corporation shall reserve up to 62.7 percent for grants awarded on a competitive basis to States for national service programs and to nonprofit organizations seeking to operate a national service program in 2 or more States.

(e)

Allotment to Certain States on Formula Basis

(1)

Grants

Of the funds allocated by the Corporation for provision of assistance under subsection (a) of section 121 for a fiscal year, the Corporation shall make a grant to each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico that submits an application under section 130 that is approved by the Corporation.

(2)

Allotments

The amount allotted as a grant to each such State under this subsection for a fiscal year shall be equal to the amount that bears the same ratio to 35.3 percent of the allocated funds for that fiscal year as the population of the State bears to the total population of the several States, the District of Columbia, and the Commonwealth of Puerto Rico, in compliance with paragraph (3).

(3)

Minimum amount

Notwithstanding paragraph (2), the minimum grant made available to each State approved by the Corporation under paragraph (1) for each fiscal year must be at least $600,000, or 0.5 percent of the amount allocated for the State formula under this section, whichever is greater.

(f)

Effect of Failure To Apply

If a State or Territory fails to apply for, or fails to give notice to the Corporation of its intent to apply for an allotment under this section, or the Corporation does not approve the application consistent with section 133, the Corporation may use the amount that would have been allotted under this section to the State or Territory to—

(1)

make grants (and provide approved national service positions in connection with such grants) to other community-based organizations under section 121 that propose to carry out national service programs in such State or Territory; and

(2)

make a reallotment to other States or Territories with approved applications submitted under section 130, to the extent community-based organizations do not apply as described in paragraph (1).

(g)

Application Required

The allotment of assistance and approved national service positions to a recipient under this section shall be made by the Corporation only pursuant to an application submitted by a State or other applicant under section 130.

(h)

Approval of Positions Subject to Available Funds

The Corporation may not approve positions as approved national service positions under this subtitle for a fiscal year in excess of the number of such positions for which the Corporation has sufficient available funds in the National Service Trust for that fiscal year, taking into consideration funding needs for national service educational awards under subtitle D based on completed service. If appropriations are insufficient to provide the maximum allowable national service educational awards under subtitle D for all eligible participants, the Corporation is authorized to make necessary and reasonable adjustments to program rules.

(i)

Sponsorship of Approved National Service Positions

(1)

Sponsorship authorized

The Corporation may enter into agreements with persons or entities who offer to sponsor national service positions for which the person or entity will be responsible for supplying the funds necessary to provide a national service educational award. The distribution of these approved national service positions shall be made pursuant to the agreement, and the creation of these positions shall not be taken into consideration in determining the number of approved national service positions to be available for distribution under this section.

(2)

Deposit of contribution

Funds provided pursuant to an agreement under paragraph (1) shall be deposited in the National Service Trust established in section 145 until such time as the funds are needed.

(j)

Reservation of Funds for Special Assistance

From amounts appropriated for a fiscal year pursuant to the authorization of appropriations in section 501(a)(2) and subject to the limitation in such section, the Corporation may reserve such amount as the Corporation considers to be appropriate for the purpose of making assistance available under section 126.

(k)

Reservation of Funds To Increase the Participation of Individuals With Disabilities

(1)

Reservation

To make grants to public or private nonprofit organizations to increase the participation of individuals with disabilities in national service and for demonstration activities in furtherance of this purpose, and subject to the limitation in paragraph (2), the Chief Executive Officer shall reserve not less than 1 percent from the amount allocated to carry out program grants under the national service laws.

(2)

Limitation

The amount reserved in paragraph (1) may not exceed $10,000,000.

(3)

Remainder

After making grants under subsection (k), excess funds may be used by the Chief Executive Officer for other activities under section 501(a)(2).

(l)

Authority for fixed-amount grants

(1)

In general

(A)

Authority

From amounts appropriated for a fiscal year to provide financial assistance under the national service laws, the Corporation, subject to the limitation in subparagraph (B) may provide assistance in the form of fixed-amount grants in an amount determined by the Corporation under paragraph (2) rather than on the basis of actual costs incurred by a program.

(B)

Limitation

Other than fixed-amount grants to support programs described in section 129A, for the 1-year period beginning on the date of enactment of the GIVE Act, the Corporation may provide assistance in the form of fixed-amount grants only to support full-time positions.

(2)

Determination of Amount of Fixed-amount Grants

A fixed-amount grant authorized by this subsection shall be in an amount determined by the Corporation that is—

(A)

significantly less than the reasonable and necessary costs of administering the program receiving the grant; and

(B)

based on the amount per individual enrolled in the program receiving the grant, taking into account—

(i)

the program’s capacity to manage funds and achieve programmatic results;

(ii)

the number of national service positions approved for the program;

(iii)

the proposed design of the program;

(iv)

whether the program provides service to or involves the participation of disadvantaged youth or otherwise would reasonably incur a relatively higher level of costs; and

(v)

such other factors as the Corporation may consider under section 133 in considering applications for assistance.

(3)

Requirements for grant recipients

In awarding a fixed-amount grant under this subsection, the Corporation—

(A)

shall require the grant recipient—

(i)

to return a pro rata amount of the grant funds based upon the difference between the number of hours served by a participant and the minimum number of hours for completion of a term of service (as established by the Corporation);

(ii)

to report on standardized and other performance measures established by the Corporation;

(iii)

to cooperate with any evaluation activities undertaken by the Corporation; and

(iv)

to provide assurances that additional funds shall be raised in support of the proposed program, in addition to those received under the national service laws; and

(B)

may adopt other terms and conditions as it considers necessary or appropriate based on the relative risks (as determined by the Corporation) associated with any application for a fixed-amount grant.

(4)

Other requirements not applicable

Limitations on administrative costs and matching fund documentation requirements shall not apply to fixed-amount grants provided in accordance with this subsection.

(5)

Rule of construction

Nothing in this subsection shall relieve a grant recipient of the responsibility to comply with the requirements of the Single Audit Act (31 U.S.C. 7501 et seq.) or other requirements of Office of Management and Budget Circular A–133.

.

1307.

Additional authority

Part II of subtitle C of title I is amended by inserting after section 129 (42 U.S.C. 12581) the following:

129A.

Education awards only program

(a)

In General

From amounts appropriated for a fiscal year to provide financial assistance under this subtitle and consistent with the restriction in subsection (b), the Corporation may, through fixed-amount grants (in accordance with section 129(l)), provide operational assistance to programs that receive approved national service positions but do not receive funds under section 121(a).

(b)

Limit on Corporation Grant Funds

Operational support under this section may not exceed $600 per individual enrolled in an approved national service position and may reach $800 per individual if the program supports at least 50 percent disadvantaged youth.

(c)

Adjustments for inflation

For each year after 2008, the amounts specified in subsection (b) shall be adjusted for inflation as measured by the Consumer Price Index for all Urban Consumers published by the Secretary of Labor.

(d)

Inapplicable Provisions

The provisions under section 129(l)(4) and the living allowances and other benefits under sections 131(e) and section 140 (other than individualized support services for disabled members under section 140(f)) shall not apply to programs that receive assistance under this section.

.

1308.

State selection of programs

Section 130 (42 U.S.C. 12582) is amended—

(1)

in subsection (a)—

(A)

by inserting after State, the following: Territory,; and

(B)

by striking institution of higher education, or Federal agency and inserting or institution of higher education;

(2)

in subsection (b)—

(A)

in paragraph (9), by striking section 122(c) and inserting section 122(f); and

(B)

in paragraph (12), by inserting municipalities and county governments in the areas being served, after services,.

(3)

in subsection (c)—

(A)

in paragraph (1)—

(i)

by striking jobs or positions and inserting proposed positions; and

(ii)

by striking , including and all that follows through the period at the end and inserting a period;

(B)

in paragraph (2) by inserting proposed before minimum; and

(C)

by adding at the end the following:

(3)

In the case of a nonprofit organization operating programs in 2 or more States, a description of the manner and extent to which the State Commissions of each State in which the nonprofit organization intends to operate were consulted and the nature of the consultation.

;

(4)

by redesignating subsections (d) through (g) as subsections (e) through (h), respectively and inserting after subsection (c) the following:

(d)

Additional Required Application Information

An application submitted under subsection (a) for programs described in 122(a) shall also contain—

(1)

measurable goals, to be used for annual measurements of the program on 1 or more of the corresponding performance indicators;

(2)

information describing how the applicant proposes to utilize funds to improve performance on the corresponding performance indicators utilizing participants, including the activities in which such participants will engage to improve performance on those indicators;

(3)

information identifying the geographical area in which the eligible entity proposed to carry out the program proposes to use funds to improve performance on the corresponding performance indicators including demographic information on the students or individuals, as appropriate, in such area, and statistics demonstrating the need to improve such indicators in such area; and

(4)

if applicable, information on how the eligible entity will work with other community-based agencies to carry out activities to improve performance on the corresponding performance indicators using such funds.

;

(5)

in subsection (f)(2) (as so redesignated) by striking were selected and inserting were or will be selected;

(6)

in subsection (g) (as so redesignated)—

(A)

in paragraph (1), by striking a program applicant and inserting an applicant; and

(B)

in paragraph (2)—

(i)

in the heading, by striking Program applicant and inserting Applicant;

(ii)

in the matter preceding subparagraph (A), by striking program applicant and inserting applicant;

(iii)

in subparagraph (A)—

(I)

by inserting after subdivision of a State, the following: Territory,; and

(II)

by striking institution of higher education, or Federal agency and inserting or institution of higher education; and

(iv)

in subparagraph (B)—

(I)

by inserting after subdivision of a State, the following: Territory,; and

(II)

by striking institution of higher education, or Federal agency and inserting or institution of higher education; and

(7)

in subsection (h) (as so redesignated), by striking the period and inserting or is already receiving financial assistance from the Corporation..

1309.

National service program assistance requirements

Section 131(c) (42 U.S.C. 12583(c)) is amended—

(1)

in paragraph (1)—

(A)

by amending subparagraph (A) to read as follows:

(A)

the community served, including, if appropriate, municipal and county governments in the area served, and potential participants in the program;

;

(B)

in subparagraph (B), by inserting and after program;; and

(C)

by adding at the end the following:

(C)

municipalities and county governments in the areas being served;

; and

(2)

by amending paragraph (3) to read as follows:

(3)

in the case of a program that is not funded through a State, including programs operated by nonprofit organizations seeking to operate a national service program in 2 or more States—

(A)

consult with and coordinate with the State Commission for the State in which the program operates; and

(B)

obtain confirmation from the State Commission that the applicant seeking assistance under this Act has consulted with and coordinated with the State Commission when seeking to operate a program in that State.

.

1310.

Consideration of applications

Section 133 (42 U.S.C. 12585) is amended—

(1)

in subsection (c)(6), insert after subparagraph (E) the following:

(F)

Areas that have a mortgage foreclosure rate greater than the national average mortgage foreclosure rate for the most recent 12 months for which satisfactory data are available.

;

(2)

in subsection (b)(2)(B), by striking jobs or; and

(3)

in subsection (d)(2)—

(A)

by striking and at the end of subparagraph (F);

(B)

by striking the period at the end of subparagraph (G) and inserting a semicolon; and

(C)

by adding at the end the following:

(H)

programs that recruit veterans, particularly returning veterans, into service opportunities; and

(I)

programs that promote community-based efforts to meet the unique needs of military families while a member of the family is deployed, or when a member of the family returns from deployment.

.

1311.

Description of participants

Section 137 (42 U.S.C. 12591) is amended—

(1)

in subsection (a)—

(A)

by striking paragraph (3); and

(B)

by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively;

(2)

in subsection (b)—

(A)

in paragraph (1), by striking paragraph (4) and inserting paragraph (3); and

(B)

in paragraph (2), by striking between the ages of 16 and 25 and inserting a 16-year-old out of school youth or an individual between the ages of 17 and 25; and

(3)

in subsection (c), by striking (a)(5) and inserting (a)(4).

1312.

Selection of national service participants

Section 138 (42 U.S.C. 12592) is amended—

(1)

in subsection (a) by striking conducted by the State and all that follows through or other entity and inserting conducted by the entity; and

(2)

in subsection (e)(2)(C) by inserting before the semicolon at the end the following: , particularly those who were considered at the time of their service disadvantaged youth.

1313.

Terms of service

Section 139 (42 U.S.C. 12593) is amended—

(1)

in subsection (b)(1), by striking not less than 9 months and;

(2)

in subsection (b)(2), by striking during a period of— and all that follows through the period at the end and inserting during a period of not more than 2 years.; and

(3)

in subsection (b) by inserting at the end the following:

(4)

Extension of term for disaster purposes

(A)

An individual in an approved national service position performing service directly related to disaster relief efforts may continue in a term of service for a period of 90 days beyond the period otherwise specified in sections 139(b) and 153 (e) or in section 104 of the Domestic Volunteer Service Act of 1973.

(B)

Service performed by an individual in an originally-agreed to term of service and service performed under this paragraph shall constitute a single term of service for purposes of sections 146(b) and (c) but may not receive an additional education award under section 141.

;

(4)

in subsection (c)—

(A)

in paragraph (1)(A), by striking as demonstrated by the participant and inserting as determined by the organization responsible for granting a release, if the participant has otherwise performed satisfactorily and has completed at least 15 percent of the original term of service;

(B)

in paragraph (2)(A), by striking provide to the participant that portion of the national service educational award and inserting certify the participant’s eligibility for that portion of the national service educational award; and

(C)

in paragraph (2)(B), by striking to allow return to the program with which the individual was serving in order.

1314.

Adjustments to living allowance

Section 140 (42 U.S.C. 12594) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by striking paragraph (3) and inserting paragraphs (2) and (3);

(B)

by striking paragraph (2);

(C)

by redesignating paragraph (3) as (2);

(D)

by inserting after paragraph (2) (as so redesignated) the following:

(3)

Federal work-study students

The living allowance that may be provided to an individual whose term of service includes hours for which the individual receives Federal work study wages shall be reduced by the amount of the individual's Federal work study award.

; and

(E)

in paragraph (4), by striking a reduced term of service under section 139(b)(3) and inserting a term of service that is less than 12 months;

(2)

in subsection (b), by striking shall include an amount sufficient to cover 85 percent of such taxes and all that follows through the period at the end and inserting may be used to pay such taxes.;

(3)

in subsection (c)—

(A)

in paragraph (1) by adding and at the end;

(B)

by striking paragraph (2); and

(C)

by redesignating paragraph (3) as (2);

(4)

in subsection (d)(1), by striking the second sentence; and

(5)

by striking subsections (g) and (h).

D

Amendments to Subtitle D (National Service Trust and Provision of National Service Educational Awards)

1401.

Availability of funds in the National Service Trust

Section 145 (42 U.S.C. 12601) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1)(B), by striking section 148(e) and inserting section 148(f); and

(B)

in paragraph (2), by striking pursuant to section 196(a)(2) and inserting pursuant to section 196(a)(2), if the terms of such donations direct that they be deposited in the National Service Trust; and

(2)

in subsection (c), by striking “for payments of national service educational awards in accordance with section 148.” and inserting “for—

(1)

payments of summer of service educational awards and national service educational awards in accordance with section 148; and

(2)

payments of interest in accordance with section 148(f).

.

1402.

Individuals eligible to receive a national service educational award from the Trust

Section 146 (42 U.S.C. 12602) is amended—

(1)

in subsection (a)—

(A)

in the matter preceding paragraph (1), by striking if the individual and inserting if the organization responsible for an individual’s supervision certifies that the individual;

(B)

by striking paragraphs (1), (2), and (3) and inserting the following:

(1)

met the applicable eligibility requirements for the position; and

(2)
(A)

for a full-time or part-time educational award, successfully completed the required term of service described in subsection (b) in an approved national service position; or

(B)

for a partial educational award—

(i)

satisfactorily performed prior to being granted a release for compelling personal circumstances under section 139(c); and

(ii)

served at least 15 percent of the required term of service described in subsection (b); and

; and

(C)

by redesignating paragraph (4) as paragraph (3);

(2)

by striking subsection (c) and inserting the following:

(c)

Limitation on Receipt of National Service Educational Awards

An individual may not receive, in national service educational awards, more than an amount equal to the aggregate value of 2 such awards for full-time service. The aggregate value of summer of service educational awards that an individual receives shall have no effect on the aggregate value of national service educational awards the individual may receive.

;

(3)

in subsection (d)—

(A)

in paragraph (1)—

(i)

by striking Seven-year requirement and inserting In general;

(ii)

by striking An and inserting Subject to paragraph (2), an; and

(B)

in paragraph (2)—

(i)

in subparagraph (A) by striking or at the end;

(ii)

in subparagraph (B) by striking the period at the end and inserting ; or; and

(iii)

by adding at the end the following:

(C)

is an individual eligible to receive a summer of service educational award, in which case the individual shall have a 10-year period to use such educational award beginning on the date that the individual completes the term of service that is the basis of such educational award.

; and

(4)

in subsection (e)(1)—

(A)

by inserting after qualifying under this section the following: or under section 120(c)(8); and

(B)

by inserting after to receive a national service educational award the following: or a summer of service educational award.

1403.

Determination of the amount of national service educational awards

Section 147 (42 U.S.C. 12603) is amended—

(1)

by amending subsection (a) to read as follows:

(a)

Amount for full-time national service

Except as provided in subsection (c), an individual described in section 146(a) who successfully completes a required term of full-time national service in an approved national service position shall receive a national service educational award having a value equal to the maximum amount of a Federal Pell Grant that a student eligible under section 401(b)(2)(A) of the Higher Education Act of 1965 may receive for the award year for which the national service position is approved by the Corporation.

; and

(2)

in subsection (b), by inserting after for each of not more than 2 of such terms of service the following: in the period of one year.

1404.

Disbursement of educational awards

Section 148 (42 U.S.C. 12604) is amended—

(1)

in subsection (a)—

(A)

in paragraph (2), by striking cost of attendance and inserting cost of attendance or other educational expenses;

(B)

in paragraph (3), by striking and;

(C)

by redesignating paragraph (4) as paragraph (5); and

(D)

by inserting after paragraph (3) the following:

(4)

to pay expenses incurred in enrolling in an educational institution or training establishment that meets the requirements of chapter 36 of title 38, United States Code (38 U.S.C. 3451 et seq.); and

;

(2)

in subsection (b)(1) by inserting after the national service educational award of the individual the following: , or an eligible individual under section 120(c)(8) who received a summer of service educational award;

(3)

in subsection (b)(2) by inserting after the national service educational award the following: or the summer of service educational award, as applicable,;

(4)

in subsection (b)(5) by inserting after the national service educational award the following: or the summer of service educational award, as applicable;

(5)

in subsection (b)(7)—

(A)

in subparagraph (A), by striking , other than a loan to a parent of a student pursuant to section 428B of such Act (20 U.S.C. 1078–2); and and inserting a semicolon;

(B)

in subparagraph (B), by striking the period and inserting ; and; and

(C)

by adding at the end the following:

(C)

any loan (other than a loan described in subparagraph (A) or (B)) determined by an institution of higher education to be necessary to cover a student’s educational expenses and made, insured, or guaranteed by—

(i)

an eligible lender, as defined in section 435 of the Higher Education Act of 1965 (20 U.S.C. 1085);

(ii)

the direct student loan program under part D of title IV of such Act;

(iii)

a State agency; or

(iv)

a lender otherwise determined by the Corporation to be eligible to receive disbursements from the National Service Trust.

;

(6)

in subsection (c)(1), by inserting after national service educational award the following: , or an eligible individual under section 120(c)(8) who desires to apply the individual’s summer of service educational award,;

(7)

in subsection (c)(2)(A), by inserting after national service educational award the following: or summer of service educational award, as applicable,;

(8)

in subsection (c)(2)(C)(iii), by inserting after national service educational awards received under this subtitle the following: or summer of service educational awards received under section 120(c)(8);

(9)

in subsection (c)(3), by inserting after national service educational awards the following: and summer of service educational awards;

(10)

in subsection (c)(5)—

(A)

by inserting after national service educational award the following: , or summer of service educational award, as applicable,; and

(B)

by inserting after additional the following: summer of service educational awards and additional;

(11)

in subsection (c)(6), by inserting after national service educational award the following: and summer of service educational award;

(12)

in subsection (d), by inserting after national service educational awards the following: and summer of service educational awards;

(13)

in subsection (e), by striking subsection (b)(6) and inserting subsection (b)(7); and

(14)

in subsection (f), by striking Director and inserting Chief Executive Officer.

1405.

Process of approval of national service positions

(a)

In general

Subtitle D of title I (42 U.S.C. 12601 et seq.) is further amended by adding at the end the following new section:

149.

Process of approval of national service positions

(a)

Timing and recording requirements

(1)

In general

Notwithstanding subtitles C and D, and any other provision of law, in approving a position as an approved national service position, the Corporation—

(A)

shall approve the position at the time the Corporation—

(i)

enters into an enforceable agreement with an individual participant to serve in a program carried out under subtitle E of title I of this Act or under title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.), or a summer of service educational award; or

(ii)

except as provided in clause (i), awards a grant to (or enters into a contract or cooperative agreement with) an entity to carry out a program for which such a position is approved under section 123; and

(B)

shall record as an obligation an estimate of the net present value of the national service educational award associated with the position, based on a formula that takes into consideration historical rates of enrollment in such a program, and of earning and using national service educational awards for such a program and remain available.

(2)

Formula

In determining the formula described in paragraph (1)(B), the Corporation shall consult with the Director of the Congressional Budget Office.

(3)

Certification report

The Chief Executive Officer of the Corporation shall annually prepare and submit to the appropriate committees of Congress a report that contains a certification that the Corporation is in compliance with the requirements of paragraph (1).

(4)

Approval

The requirements of this subsection shall apply to each approved national service position that the Corporation approves—

(A)

during fiscal year 2009; and

(B)

during any subsequent fiscal year.

(b)

Reserve account

(1)

Establishment and contents

(A)

Establishment

Notwithstanding subtitles C and D, and any other provision of law, within the National Service Trust established under section 145, the Corporation shall establish a reserve account.

(B)

Contents

To ensure the availability of adequate funds to support the awards of approved national service positions for each fiscal year, the Corporation shall place in the account—

(i)

during fiscal year 2009, a portion of the funds that were appropriated for fiscal year 2009 or a previous fiscal year under section 501(a)(2), were made available to carry out subtitle C, D, or E of this title, subtitle A of title I of the Domestic Volunteer Service Act of 1973, or summer of service under section 120(c)(8), and remain available; and

(ii)

during fiscal year 2009 or a subsequent fiscal year, a portion of the funds that were appropriated for that fiscal year under section 501(a)(2) and were made available to carry out subtitle C, D, or E of this title, subtitle A of title I of the Domestic Volunteer Service Act of 1973, or summer of service under section 111(a)(5), and remain available.

(2)

Obligation

The Corporation shall not obligate the funds in the reserve account until the Corporation—

(A)

determines that the funds will not be needed for the payment of national service educational awards associated with previously approved national service positions and summer of service educational awards; or

(B)

obligates the funds for the payment of national service educational awards for such previously approved national service positions or summer of service educational awards, as applicable.

(c)

Audits

The accounts of the Corporation relating to the appropriated funds for approved national service positions, and the records demonstrating the manner in which the Corporation has recorded estimates described in subsection (a)(1)(B) as obligations, shall be audited annually by independent certified public accountants or independent licensed public accountants certified or licensed by a regulatory authority of a State or other political subdivision of the United States in accordance with generally accepted auditing standards. A report containing the results of each such independent audit shall be included in the annual report required by subsection (a)(3).

(d)

Availability of amounts

Except as provided in subsection (b), all amounts included in the National Service Trust under paragraphs (1), (2), and (3) of section 145(a) shall be available for payments of national service educational awards or summer of service educational awards under section 148.

.

(b)

Conforming repeal

Section 2 of the Strengthen AmeriCorps Program Act (Public Law 108–145; 117 Stat. 844; 42 U.S.C. 12605) is repealed.

E

Amendments to Subtitle E (National Civilian Community Corps)

1501.

Purpose

Section 151 (42 U.S.C. 12611) is amended to read as follows:

151.

Purpose

It is the purpose of this subtitle to authorize the operation of, and support for, residential and other service programs that combine the best practices of civilian service with the best aspects of military service, including leadership and team building, to meet national and community needs. Such needs to be met under such programs include those related to—

(1)

natural and other disasters;

(2)

infrastructure improvement;

(3)

environmental stewardship and conservation;

(4)

energy conservation;

(5)

urban and rural development; and

(6)

other unmet needs consistent with the purpose as described in this section.

.

1502.

Program components

Section 152 (42 U.S.C. 12612) is amended—

(1)

by amending the section heading to read as follows:

152.

Establishment of National Civilian Community Corps Program

.

(2)

in subsection (a), by striking Civilian Community Corps Demonstration Program and inserting National Civilian Community Corps Program;

(3)

in subsection (b)—

(A)

by striking Civilian Community Corps Demonstration Program and inserting National Civilian Community Corps Program; and

(B)

by striking a Civilian Community Corps and inserting a National Civilian Community Corps;

(4)

in the heading of subsection (c), by striking Programs and inserting Components; and

(5)

in subsection (c), by striking program components are residential programs and all that follows and inserting programs referred to in subsection (b) may include a residential component..

1503.

Eligible participants

Section 153 (42 U.S.C. 12613) is amended—

(1)

in subsection (a)—

(A)

by striking Civilian Community Corps Demonstration Program and inserting National Civilian Community Corps Program; and

(B)

by striking on Civilian Community Corps and inserting on National Civilian Community Corps;

(2)

in subsection (b), by striking if the person and all that follows through the period at the end and inserting if the person will be at least 18 years of age on or before December 31 in the calendar year in which the individual enrolls in the program.;

(3)

in subsection (c)—

(A)

by striking Backrounds and inserting Backgrounds; and

(B)

by adding at the end the following: The Director shall take appropriate steps, including through outreach and recruitment activities carried out by the chief executive officer, to increase the percentage of participants in the program who are disadvantaged youth toward 50 percent of all participants by year 2011. The Director shall report to the appropriate committees of Congress biennially on such efforts, any challenges faced, and the annual participation rates of disadvantaged youth in the program.; and

(4)

by striking subsection (e).

1504.

Summer national service program

Section 154 (42 U.S.C. 12614) is amended—

(1)

in subsection (a)—

(A)

by striking Civilian Community Corps Demonstration Program and inserting National Civilian Community Corps Program; and

(B)

by striking on Civilian Community Corps and inserting on National Civilian Community Corps; and

(2)

in subsection (b), by striking shall be and all that follows through the period at the end and inserting shall be from economically and ethnically diverse backgrounds, including youth who are in foster care..

1505.

Team leaders

Section 155 (42 U.S.C. 12615) is amended—

(1)

by amending the section heading to read as follows:

155.

National Civilian Community Corps

;

(2)

in subsection (a)—

(A)

by striking Civilian Community Corps Demonstration Program and inserting National Civilian Community Corps Program; and

(B)

by striking the Civilian Community Corps shall and inserting the National Civilian Community Corps shall;

(3)

in subsection (b)—

(A)

by amending the subsection heading to read as follows:

(b)

Membership in National Civilian Community Corps

;

(B)

in paragraph (1), by inserting National before Civilian Community Corps;

(C)

in paragraph (3)—

(i)

by striking superintendent and inserting campus director; and

(ii)

by striking camp and inserting campus; and

(D)

by adding at the end the following:

(4)

Team leaders

The Director may select from Corps members individuals with prior supervisory or service experience to be team leaders within units in the National Civilian Community Corps to perform service that includes leading and supervising teams of Corps members. Team leaders shall—

(A)

be selected without regard to the age limitation under section 153(b);

(B)

be members of the National Civilian Community Corps; and

(C)

be provided the rights and benefits applicable to Corps members, except that the limitation on the amount of living allowance shall not exceed 10 percent more than the amount established under section 158(b).

;

(4)

in subsection (d)—

(A)

by amending the subsection heading to read as follows:

(d)

Campuses

;

(B)

in paragraph (1)—

(i)

by amending the paragraph heading to read as follows:

(1)

Units to be assigned to campuses

;

(ii)

by striking in camps and inserting in campuses;

(iii)

by striking camp and inserting campus; and

(iv)

by striking in the camps and inserting in the campuses;

(C)

by amending paragraph (2) to read as follows:

(2)

Campus director

There shall be a campus director for each campus. The campus director is the head of the campus.

;

(D)

in paragraph (3)—

(i)

by amending the paragraph heading to read as follows:

(3)

Eligible site for campus

;

(ii)

by striking A camp may be located and inserting A campus must be cost-effective and may, upon the completion of a feasibility study, be located;

(5)

in subsection (e)—

(A)

by amending the paragraph heading to read as follows:

(e)

Distribution of Units and Campuses

;

(B)

by striking camps are distributed and inserting campuses are cost-effective and are distributed; and

(C)

by striking rural areas and all that follows through the period at the end and inserting rural areas such that each Corps unit in a region can be easily deployed for disaster and emergency response to such region.; and

(6)

in subsection (f)—

(A)

in paragraph (1)—

(i)

by striking superintendent and inserting campus director; and

(ii)

by striking camp both places such term appears and inserting campus;

(B)

in paragraph (2)—

(i)

in the matter preceding subparagraph (A), by striking superintendent of a camp and inserting campus director of a campus;

(ii)

in subparagraph (A)—

(I)

by striking superintendent and inserting campus director;

(II)

by striking superintendent’s and inserting campus director’s; and

(III)

by striking camp each place such term appears and inserting campus; and

(iii)

in subparagraph (B), by striking superintendent and inserting campus director; and

(C)

in paragraph (3), by striking camp superintendent and inserting campus director.

1506.

Training

Section 156 (42 U.S.C. 12616) is amended—

(1)

in subsection (a)—

(A)

by inserting National before Civilian Community Corps; and

(B)

by adding at the end the following: The Director shall ensure that to the extent practicable, each member of the Corps is trained in CPR, first aid, and other skills related to disaster preparedness and response.;

(2)

in subsection (b)(1), by inserting before the period at the end the following: , including a focus on energy conservation, environmental stewardship or conservation, infrastructure improvement, urban and rural development, or disaster preparedness needs; and

(3)

by amending subsection (c)(2) to read as follows:

(2)

Coordination with other entities

Members of the cadre may provide, either directly or through grants, contracts, or cooperative agreements, the advanced service training referred to in subsection (b)(1) in coordination with vocational or technical schools, other employment and training providers, existing youth service programs, other qualified individuals, or organizations with expertise in training youth, including disadvantaged youth, in the skill areas described in such subsection.

.

1507.

Consultation with State Commissions

Section 157 (42 U.S.C. 12617) is amended—

(1)

in subsection (a)—

(A)

in the matter preceding paragraph (1), by inserting National before Civilian Community Corps;

(B)

in paragraph (1), by inserting before the semicolon the following: with specific emphasis on projects in support of infrastructure improvement, disaster relief and recovery, the environment, energy conservation, and urban and rural development; and

(C)

in paragraph (2) by striking service learning and inserting service-learning;

(2)

in subsection (b)—

(A)

in paragraph (1)(A), by striking and the Secretary of Housing and Urban Development and inserting the Secretary of Housing and Urban Development, the Administrator of the Environmental Protection Agency, the Administrator of the Federal Emergency Management Agency, the Secretary of Energy, the Secretary of Transportation, and the Chief of the United States Forest Service;

(B)

in paragraph (1)(B)—

(i)

by inserting community-based organizations and before representatives of local communities; and

(ii)

by striking camp both places such term appears and inserting campus; and

(C)

in paragraph (2), by inserting State Commissions, before and persons involved in other youth service programs.; and

(3)

in subsection (c)—

(A)

in paragraph (1)—

(i)

by striking superintendent both places such term appears and inserting campus director; and

(ii)

by striking camp both places such term appears and inserting campus; and

(B)

in paragraph (2), by striking camp superintendents and inserting campus directors.

1508.

Authorized benefits for Corps members

Section 158 (42 U.S.C. 12618) is amended—

(1)

in subsection (a) by inserting National before Civilian Community Corps; and

(2)

in subsection (c)—

(A)

in the matter preceding paragraph (1)—

(i)

by inserting National before Civilian Community Corps; and

(ii)

by inserting before the colon the following: , as the Director determines appropriate;

(B)

in paragraph (6), by striking Clothing and inserting Uniforms; and

(C)

in paragraph (7), by striking Recreational services and supplies and inserting Supplies.

1509.

Permanent cadre

Section 159 (42 U.S.C. 12619) is amended—

(1)

in subsection (a)—

(A)

in the matter preceding paragraph (1), by striking Civilian Community Corps Demonstration Program and inserting National Civilian Community Corps Program; and

(B)

in paragraph (1)—

(i)

by inserting including those before recommended; and

(ii)

by inserting National before Civilian Community Corps;

(2)

in subsection (b)(1), by inserting National before Civilian Community Corps;

(3)

in subsection (c)—

(A)

in paragraph (1)(B)(i), by inserting National before Civilian Community Corps; and

(B)

in paragraph (2)—

(i)

in subparagraph (A)—

(I)

by striking The Director shall establish a permanent cadre of and inserting The Chief Executive Officer shall establish a permanent cadre that includes the Director and other appointed; and

(II)

by inserting National before Civilian Community Corps;

(ii)

in subparagraph (B), by striking The Director shall appoint the members and inserting The Chief Executive Officer shall consider the recommendations of the Director in appointing the other members;

(iii)

in subparagraph (C)—

(I)

in the matter preceding clause (i), by striking the Director and inserting the Chief Executive Officer;

(II)

in clause (iii) by striking and at the end;

(III)

by redesignating clause (iv) as (v); and

(IV)

by inserting after clause (iii) the following:

(iv)

give consideration to retired and other former law enforcement, fire, rescue, and emergency personnel, and other individuals with backgrounds in disaster preparedness, relief, and recovery; and

; and

(iv)

in subparagraph (E)—

(I)

by inserting after techniques the following: , including techniques for working with and enhancing the development of disadvantaged youth,; and

(II)

by striking service learning and inserting service-learning; and

(C)

in the first sentence of paragraph (3), by striking the members and inserting other members.

1510.

Contract and grant authority

Section 161 (42 U.S.C. 12621) is amended—

(1)

in subsection (a), by striking perform any program function under this subtitle and inserting carry out the National Civilian Community Corps program; and

(2)

in subsection (b)(2), by inserting National before Civilian Community Corps.

1511.

Other departments

Section 162 (42 U.S.C. 12622) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1)—

(i)

in subparagraph (A), by inserting National before Civilian Community Corps; and

(ii)

in subparagraph (B)(i), by striking the registry established by and all that follows through the semicolon and inserting the registry established by section 1143a of title 10, United States Code;;

(B)

in paragraph (2)(A), by striking to be recommended for appointment and inserting from which individuals may be selected for appointment by the Director; and

(C)

in paragraph (3), by inserting National before Civilian Community Corps; and

(2)

by striking subsection (b).

1512.

Advisory Board

Section 163 (42 U.S.C. 12623) is amended—

(1)

in subsection (a)—

(A)

by striking Upon the establishment of the Program, there shall also be and inserting There shall be;

(B)

by inserting National before Civilian Community Corps Advisory Board; and

(C)

by striking to assist and all that follows through the period at the end and inserting to assist the Corps in responding rapidly and efficiently in times of natural and other disasters. Consistent with the needs outlined in section 151, the Advisory Board members shall help coordinate activities with the Corps as appropriate, including the mobilization of volunteers and coordination of volunteer centers to help local communities recover from the effects of natural and other disasters.;

(2)

in subsection (b)—

(A)

by redesignating paragraphs (8) and (9) as paragraphs (13) and (14), respectively;

(B)

by inserting after paragraph (7) the following:

(8)

The Administrator of the Federal Emergency Management Agency.

(9)

The Secretary of Transportation.

(10)

The Chief of the United States Forest Service.

(11)

The Administrator of the Environmental Protection Agency.

(12)

The Secretary of Energy.

; and

(C)

in paragraph (13), as so redesignated, by striking industry, and inserting public and private organizations,.

1513.

Evaluation

Section 164 (42 U.S.C. 12624) is amended—

(1)

in the section heading, by striking annual;

(2)

by striking annual evaluation and inserting evaluation before September 30, 2014;

(3)

by inserting National before Civilian Community Corps; and

(4)

by adding at the end the following: Upon completing each such evaluation, the Corporation shall transmit to the appropriate committees of Congress a report on the evaluation..

1514.

Repeal of funding limitation

Section 165 (42 U.S.C. 12625) is repealed.

1515.

Definitions

Section 166 (42 U.S.C. 12626) is amended—

(1)

by striking paragraphs (2), (3), and (9);

(2)

by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively;

(3)

by inserting after paragraph (1) the following:

(2)

Campus director

The term campus director, with respect to a Corps campus, means the head of the campus under section 155(d).

(3)

Corps

The term Corps means the National Civilian Community Corps required under section 155 as part of the Civilian Community Corps Program.

(4)

Corps campus

The term Corps campus means the facility or central location established as the operational headquarters and boarding place for particular Corps units.

;

(4)

in paragraph (5) (as so redesignated), by striking Civilian Community Corps Demonstration Program and inserting National Civilian Community Corps Program;

(5)

in paragraph (6) (as so redesignated), by inserting National before Civilian Community Corps;

(6)

in paragraph (8) (as so redesignated), by striking The terms and all that follows through Demonstration Program the first place such term appears and inserting The term Program means the National Civilian Community Corps Program; and

(7)

in paragraph (9) (as so redesignated)—

(A)

in the heading by striking Service learning and inserting Service-learning; and

(B)

in the matter preceding subparagraph (A) by striking service learning and inserting service-learning.

1516.

Terminology

Subtitle E of title I (42 U.S.C. 12611 et seq.) is amended—

(1)

by striking the subtitle heading and inserting the following:

E

National Civilian Community Corps

;

and
(2)

in section 160(a) (42 U.S.C. 12620(a)) by inserting National before Civilian Community Corps.

F

Amendments to Subtitle F (Administrative Provisions)

1601.

Family and medical leave

Section 171(a)(1) (42 U.S.C. 12631(a)(1)) is amended by striking with respect to a project and inserting with respect to a project authorized under the national service laws.

1602.

Additional prohibitions on use of funds

Section 174 (42 U.S.C. 12634) is amended by adding at the end the following:

(d)

Referrals for Federal Assistance

A program may not receive 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.

.

1603.

Notice, hearing, and grievance procedures

Section 176 (42 U.S.C. 12636) is amended—

(1)

in subsection (a)(2)(A), by striking 30 days and inserting 1 or more periods of 30 days not to exceed 90 days in total; and

(2)

in subsection (f)—

(A)

in paragraph (1), by striking A State or local applicant and inserting An entity; and

(B)

in paragraph (6)—

(i)

in subparagraph (C), by striking and;

(ii)

by redesignating subparagraph (D) as subparagraph (E); and

(iii)

by inserting after subparagraph (C) the following:

(D)

in a grievance filed by an individual applicant or participant—

(i)

the applicant’s selection or the participant’s reinstatement, as the case may be; and

(ii)

other changes in the terms and conditions of service; and

.

1604.

Resolution of displacement complaints

Section 177 (42 U.S.C. 12637) is amended—

(1)

in subsections (a) and (b), by striking under this title each place it appears and inserting under the national service laws;

(2)

in subsection (b)(1), by striking employee or position and inserting employee, position, or volunteer (other than a participant under the national service laws); and

(3)

by adding at the end the following:

(f)

Parental involvement

(1)

In general

Programs that receive assistance under the national service laws shall consult with the parents or legal guardians of children in developing and operating programs that include and serve children.

(2)

Parental permission

Programs that receive assistance under the national service laws shall, consistent with State law, before transporting minor children, provide the reason for and obtain written permission of the children’s parents.

.

1605.

State Commissions on National and Community Service

Section 178 (42 U.S.C. 12638) is amended—

(1)

in subsection (c)(1), by adding at the end the following:

(J)

A representative of the volunteer sector.

;

(2)

in subsection (c)(3), by striking , unless the State permits the representative to serve as a voting member of the State Commission or alternative administrative entity;

(3)

by striking subsection (e)(1) and inserting the following:

(1)

Preparation of a national service plan for the State that—

(A)

is developed through an open and public process (such as through regional forums, hearings, and other means) that provides for maximum participation and input from companies, organizations, and public agencies using service and volunteerism as a strategy to meet critical community needs, including programs funded under the national service laws;

(B)

covers a 3-year period, the beginning of which may be set by the State;

(C)

is subject to approval by the chief executive officer of the State;

(D)

includes measurable goals and outcomes for the State consistent with those for national service programs as described in section 179(a)(1)(A);

(E)

ensures outreach to diverse community-based agencies that serve under-represented populations, by using established networks and registries at the State level, or establishing such networks and registries;

(F)

provides for effective coordination of funding applications submitted by the State and others within the State under the national service laws;

(G)

is updated annually, reflecting changes in practices and policies that will improve the coordination and effectiveness of Federal, State, and local resources for service and volunteerism within the State; and

(H)

contains such information as the State Commission considers to be appropriate or as the Corporation may require.

;

(4)

by redesignating subsections (f) through (j) as subsections (h) through (l), respectively;

(5)

by inserting after subsection (e) the following:

(f)

Relief From Administrative Requirements

Upon approval of a State plan submitted under subsection (e)(1), the Chief Executive Officer may waive, or specify alternatives to, administrative requirements (other than statutory provisions) otherwise applicable to grants made to States under the national service laws, including those requirements identified by a State as impeding the coordination and effectiveness of Federal, State, and local resources for service and volunteerism within a State.

(g)

State plan for baby boomer and older adult volunteer and paid service

(1)

In general

Notwithstanding any other provision of this section, to be eligible to receive a grant or allotment under subtitle B or C or to receive a distribution of approved national service positions under subtitle C, a State must work with appropriate State agencies and private entities to develop a comprehensive State plan for volunteer and paid service by members of the Baby Boom generation and older adults.

(2)

Matters included

The State plan shall include—

(A)

recommendations for public policy initiatives, including how to best tap the population of members of the Baby Boom generation and older adults as sources of social capital and as ways to address community needs;

(B)

recommendations to the State unit on aging on—

(i)

a marketing outreach plan to businesses;

(ii)

outreach to—

(I)

non-profit organizations;

(II)

the State’s Department of Education;

(III)

institutions of higher education; and

(IV)

other State agencies; and

(C)

recommendations for civic engagement and multigenerational activities, such as—

(i)

early childhood education, family literacy, and after school programs;

(ii)

respite services for older adults and caregivers; and

(iii)

transitions for members of the Baby Boom generation and older adults to purposeful work in their post career lives.

(3)

Knowledge incorporated

The State plan shall incorporate the current knowledge base regarding—

(A)

the economic impact of older workers’ roles in the economy;

(B)

the social impact of older workers’ roles in the community; and

(C)

the health and social benefits of active engagement for members of the Baby Boom generation and older adults.

(4)

Publication

The State plan must be made public and be transmitted to the Chief Executive Officer.

; and

(6)

in subsection (k)(1) (as redesignated by this section), by striking the period at the end and inserting , consistent with section 174(d)..

1606.

Evaluation and accountability

Section 179 (42 U.S.C. 12639) is amended—

(1)

by amending subsection (a) to read as follows:

(a)

In general

The Corporation shall provide, directly or through grants or contracts, for the continuing evaluation of programs that receive assistance under the national service laws, including evaluations that measure the impact of such programs, to determine—

(1)

the effectiveness of programs receiving assistance under the national service laws in achieving stated goals and the costs associated with such, including—

(A)

an evaluation of performance measures, as established by the Corporation in consultation with each grantee receiving assistance under the national service laws, which may include—

(i)

number of participants enrolled and completing terms of service compared to the stated goals of the program;

(ii)

number of volunteers recruited from the community in which the program was implemented;

(iii)

if applicable based on the program design, the number of individuals receiving or benefitting from the service conducted;

(iv)

number of disadvantaged and under-represented youth participants;

(v)

sustainability of project or program, including measures to ascertain the level of community support for the project or program;

(vi)

measures to ascertain the change in attitude toward civic engagement among the participants and the beneficiaries of the service; and

(vii)

other quantitative and qualitative measures as determined to be appropriate by the recipient of assistance; and

(B)

review of the implementation plan for reaching such measures described in subparagraph (A); and

(2)

the effectiveness of the structure and mechanisms for delivery of services, such as the effective utilization of the participants’ time, the management of the participants, and the ease with which recipients were able to receive services, to maximize the cost-effectiveness and the impact of such programs.

;

(2)

in subsection (g)—

(A)

in paragraph (3), by striking National Senior Volunteer Corps and inserting National Senior Service Corps; and

(B)

in paragraph (9), by striking to public service and all that follows through the period at the end and inserting to engage in service that benefits the community.; and

(3)

by adding at the end the following:

(j)

Reserved Program Funds for Accountability

In addition to amounts appropriated to carry out this section, the Corporation may reserve up to 1 percent of total program funds appropriated for a fiscal year under the national service laws to support program accountability activities under this section.

(k)

Corrective plans

(1)

In general

A grantee that fails to reach the performance measures in subsection (a)(1)(A) as determined by the Corporation, shall reach an agreement with the Corporation on a corrective action plan to achieve the agreed upon performance measures.

(2)

Assistance

(A)

New program

For a program that has received assistance for less than 3 years and is failing to achieve the performance measures agreed upon under subsection (a)(1)(A), the Corporation shall—

(i)

provide technical assistance to the grantee to address targeted performance problems relating to the performance measures in subsection (a)(1)(A); and

(ii)

require quarterly reports from the grantee on the program’s progress toward achieving the performance measures in subsection (a)(1)(A) to the appropriate State, Territory, or Indian tribe and the Corporation.

(B)

Established programs

For a program that has received assistance for 3 years or more and is failing to achieve the performance measures agreed upon under subsection (a)(1)(A), the Corporation shall require quarterly reports from the grantee on the program’s progress towards achieving performance measures in subsection (a)(1)(A) to the appropriate State, Territory, or Indian tribe and the Corporation.

(l)

Failure To meet performance levels

If, after a period for correction as approved by the Corporation, a grantee or subgrantee fails to achieve the established levels of performance, the Corporation shall—

(1)

reduce the annual amount of the grant award attributable to the underperforming grantee or subgrantee by at least 25 percent; or

(2)

terminate assistance to the underperforming grantee or subgrantee, consistent with section 176(a).

(m)

Reports

The Corporation shall submit to the appropriate committees of Congress not later than two years after the date of the enactment of this subsection, and annually thereafter, a report containing information on the number of—

(1)

grantees implementing corrective action plans;

(2)

grantees for which the Corporation offers technical assistance under subsection (k);

(3)

grantees for which the Corporation terminates assistance for a program under subsection (l);

(4)

entities that expressed interest in applying for assistance under a national service law but did not apply;

(5)

entities whose application was rejected; and

(6)

grantees meeting or exceeding their performance measures in subsection (a).

.

1607.

Technical amendment

Section 181 (42 U.S.C. 12641) is amended by striking Section 414 and inserting Section 422.

1608.

Partnerships with schools

Section 182(b) (42 U.S.C. 12642(b)) is amended to read as follows:

(b)

Report

(1)

Federal agency submission

The head of each Federal agency shall prepare and submit to Corporation for Community and National Service a report concerning the implementation of this section, including an evaluation of the performance goals and benchmarks of the partnership programs.

(2)

Report to Congress

The Corporation for National and Community Service shall prepare and submit to the appropriate committees of Congress a compilation of the information received under paragraph (1).

.

1609.

Rights of access, examination, and copying

Section 183 (42 U.S.C. 12643) is amended—

(1)

in subsection (a)—

(A)

in the matter preceding paragraph (1), by striking The and inserting Consistent with otherwise applicable law, the; and

(B)

in paragraph (1), by inserting after local government, the following: Territory,;

(2)

in subsection (b)—

(A)

in the matter preceding paragraph (1), by striking The and inserting Consistent with otherwise applicable law, the; and

(B)

in paragraph (1), by inserting after local government, the following: Territory,; and

(3)

by adding at the end the following:

(c)

Inspector General

Consistent with otherwise applicable law, the Inspector General of the Corporation shall have access to, and the right to examine and copy, any books, documents, papers, records, and other recorded information in any form—

(1)

within the possession or control of the Corporation or any State or local government, Territory, Indian tribe, or public or private nonprofit organization receiving assistance directly or indirectly under this Act that relates to the assistance received, directly or indirectly, under this Act; and

(2)

that relates to the duties of the Inspector General under the Inspector General Act of 1978.

.

1610.

Additional administrative provisions

Subtitle F of title I (42 U.S.C. 12631 et seq.) is amended by adding at the end the following:

185.

Sustainability

(a)

Goals

To ensure that recipients of assistance under the national service laws are carrying out sustainable projects or programs, the Corporation, after collaboration with State Commissions and consultation with recipients of assistance under the national service laws, may set sustainability goals supported by policies and procedures to—

(1)

build the capacity of the projects that receive assistance under the national service laws to meet community needs and lessen the dependence on Federal dollars to do so, taking into consideration challenges that programs in underserved rural or urban areas may face;

(2)

provide technical assistance to aid the recipients of assistance under the national service laws in acquiring and leveraging non-Federal funds for the projects; and

(3)

implement measures to ascertain whether the projects are generating sufficient community support.

(b)

Enforcement

If a recipient does not meet the sustainability goals in subsection (a) for a project, the Corporation may take action as described in sections 176 and 179.

186.

Grant periods

Unless otherwise specifically provided, the Corporation has authority to make a grant under the national service laws for a period of 3 years.

187.

Generation of volunteers

In making decisions on applications for assistance or approved national service positions under the national service laws, the Corporation shall take into consideration the extent to which the applicant’s proposal will increase the involvement of volunteers in meeting community needs. In reviewing the application for this purpose, the Corporation may take into account the mission of the applicant.

188.

Limitation on program grant costs

(a)

Limitation on Grant Amounts

Except as otherwise provided by this section, the amount of funds approved by the Corporation in a grant to operate a program authorized under the national service laws supporting individuals serving in approved national service positions may not exceed $17,000 per full-time equivalent position.

(b)

Costs Subject to Limitation

The limitation in subsection (a) applies to the Corporation’s share of member support costs, staff costs, and other costs borne by the grantee or subgrantee to operate a program.

(c)

Costs Not Subject to Limitation

The limitation in subsection (a) and (e)(1) shall not apply to expenses that are not included in the program operating grant award.

(d)

Adjustments for Inflation

The amount specified in subsections (a) and (e)(1) shall be adjusted each year after 2008 for inflation as measured by the Consumer Price Index for All Urban Consumers published by the Secretary of Labor.

(e)

Waiver Authority and Reporting Requirement

(1)

Waiver

The Chief Executive Officer may waive the requirements of this section, up to a maximum of $19,500, if necessary to meet the compelling needs of a particular program, such as exceptional training needs for a program serving disadvantaged youth, increased costs relating to the participation of individuals with disabilities, tribal programs or programs located in the Territories and start-up costs associated with a first-time grantee, and up to a maximum of $22,000 for Tribal residential programs.

(2)

Reports

The Chief Executive Officer shall report to the appropriate committees of Congress annually on all waivers granted under this section, with an explanation of the compelling needs justifying such waivers.

189.

Audits and reports

The Corporation shall comply with applicable audit and reporting requirements as provided in the Chief Financial Officers Act of 1990 (31 U.S.C. 501 et seq.) and the Government Corporation Control Act of 1945 (31 U.S.C. 9101 et seq.). The Corporation shall report to the appropriate committees of Congress any failure to comply with the requirements of such audits.

190.

Criminal history checks

(a)

In general

Entities selecting individuals to serve in a position in which the individual receives a Corporation grant-funded living allowance, stipend, education award, salary, or other remuneration in a program receiving assistance under the national service laws, shall, subject to regulations and requirements established by the Corporation, conduct criminal history checks for such individuals.

(b)

Requirements

A criminal history check shall, except in cases approved for good cause by the Corporation, include a name-based search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.) and—

(1)

a search of the State criminal registry or repository in the State in which the program is operating and the State in which the individual resides at the time of application; or

(2)

a Federal Bureau of Investigation fingerprint check.

(c)

Eligibility prohibition

An individual shall be ineligible to serve in a position described under subsection (a) if such individual—

(1)

refuses to consent to the criminal history check described in subsection (b);

(2)

makes a false statement in connection with such criminal history check;

(3)

is registered, or is required to be registered, on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); or

(4)

has been convicted of murder, as described in section 1111 of title 18, United States Code.

190A.

Report on participant information

(a)

In general

The Corporation shall annually collect and report to the appropriate committees of Congress any demographic and socioeconomic information on the participants of all programs or projects receiving assistance under the national service laws.

(b)

Information collected and reported

(1)

Participants ages 18 and older

The information collected and reported under this section for participants ages 18 and older shall include age, gender, race, ethnicity, annual income, employment status, disability status, veteran status, marital status, educational attainment, and household size, type, and income.

(2)

Participants under age 18

The information collected and reported under this section for participants under age 18 shall only include age, gender, race, ethnicity, and eligibility for free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).

(c)

Public availability

The information collected and reported under this section shall be available to the public.

(d)

Confidentiality

The information collected and reported under this section shall not contain any personally identifiable information of any participant.

.

G

Amendments to Subtitle G (Corporation for National and Community Service)

1701.

Terms of office

Section 192 (42 U.S.C. 12651a) is amended—

(1)

by striking subsection (c) and inserting the following:

(c)

Terms

Subject to subsection (e), each appointed member shall serve for a term of 5 years.

;

(2)

by adding at the end the following:

(e)

Service Until Appointment of Successor

A voting member of the Board whose term has expired may continue to serve for one year beyond expiration of the term if no successor is appointed or until the date on which a successor has taken office.

.

1702.

Board of Directors authorities and duties

Section 192A(g) (42 U.S.C. 12651b(g)) is amended—

(1)

in the matter preceding paragraph (1) by striking shall— and inserting shall have responsibility for setting overall policy for the Corporation and shall—;

(2)

in paragraph (1), by inserting before the semicolon at the end the following: , and review the budget proposal in advance of submission to the Office of Management and Budget and to Congress;

(3)

in paragraph (5)—

(A)

in subparagraph (A) by striking and at the end;

(B)

in subparagraph (B) by inserting and at the end; and

(C)

by adding at the end the following:

(C)

review the performance of the Chief Executive Officer annually and forward a report on that review to the President;

;

(4)

by amending paragraph (10) to read as follows:

(10)

notwithstanding any other provision of law—

(A)

make grants to or contracts with Federal and other public departments or agencies, and private nonprofit organizations for the assignment or referral of volunteers under the provisions of Title I of the Domestic Volunteer Service Act of 1973 (except as provided in section 108 of the Domestic Volunteer Service Act of 1973) which may provide that the agency or organization shall pay all or a part of the costs of the program; and

(B)

enter into agreements with other Federal agencies for the support of programs under the national service laws which—

(i)

may provide that the agency or organization shall pay all or a part of the costs of the program; and

(ii)

shall provide that the program (including any program operated by another Federal agency) will comply with all requirements related to evaluation, performance, and other goals applicable to similar programs under the national service laws, as determined by the Corporation; and

;

(5)

in paragraph (11), by striking September 30, 1995 and inserting January 1, 2012.

1703.

Chief executive officer compensation

Section 193(b) (42 U.S.C. 12651c(b)) is amended by striking the period and inserting , plus 3 percent..

1704.

Authorities and duties of the Chief Executive Officer

Section 193A (42 U.S.C. 12651d) is amended—

(1)

in subsection (b)—

(A)

in the matter preceding paragraph (1), by striking shall— and inserting , in collaboration with State Commissions, shall—;

(B)

in paragraph (1), by inserting after a strategic plan the following: , including a plan for achieving 50 percent full-time approved national service positions by 2012,;

(C)

in paragraph (10)—

(i)

in the matter preceding subparagraph (A), by striking June 30, 1995, and inserting June 30 of each even-numbered year,; and

(ii)

in subparagraph (A)(i), by striking section 122(c)(1) and inserting section 122(c); and

(D)

by adding at the end the following:

(12)

bolster the public awareness of and recruitment efforts for the wide range of service opportunities for citizens of all ages, regardless of socioeconomic status or geographic location, through a variety of methods, including—

(A)

print media;

(B)

the Internet and related emerging technologies;

(C)

television;

(D)

radio;

(E)

presentations at public or private forums;

(F)

other innovative methods of communication; and

(G)

outreach to offices of economic development, State employment security agencies, labor unions and trade associations, local education agencies, institutions of higher education, agencies and organizations serving veterans and people with disabilities, and other institutions or organizations from which participants for programs receiving assistance from the national service laws can be recruited;

(13)

identify and implement methods of recruitment to—

(A)

increase the diversity of participants in the programs receiving assistance under the national service laws; and

(B)

increase the diversity of service sponsors of programs desiring to receive assistance under the national service laws;

(14)

coordinate with organizations of former participants of national service programs for service opportunities that may include capacity building, outreach, and recruitment for programs receiving assistance under the national service laws;

(15)

collaborate with organizations with demonstrated expertise in supporting and accommodating individuals with disabilities, including institutions of higher education, to identify and implement methods of recruitment to increase the number of participants with disabilities in the programs receiving assistance under the national service laws;

(16)

identify and implement recruitment strategies and training programs for bilingual volunteers in the National Senior Service Corps under title II of the Domestic Volunteer Service Act of 1973;

(17)

collaborate with organizations which have established volunteer recruitment programs, including those on the Internet, to increase the recruitment capacity of the Corporation;

(18)

where practicable, provide application materials in languages other than English for those with limited English proficiency who wish to participate in a national service program;

(19)

collaborate with the training and technical assistance programs described in subtitle J and in appropriate paragraphs of section 199N(b);

(20)

coordinate the clearinghouses described in section 198F;

(21)

coordinate with entities receiving funds under Subtitle Establishing the Reserve Corps for alumni of the national service programs to serve in emergencies, disasters, and other times of national need;

(22)

identify and implement strategies to increase awareness among Indian tribes of the types and availability of assistance under the national service laws, increase Native American participation in national service, and collect information on challenges facing Native American communities;

(23)

conduct outreach to ensure the inclusion of low-income persons in national service programs and activities authorized under the National Senior Service Corps; and

(24)

ensure that outreach, awareness, and recruitment efforts are consistent with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).

;

(2)

in subsection (c)—

(A)

in paragraph (9), by striking and at the end;

(B)

by redesignating paragraph (10) as paragraph (11); and

(C)

by inserting after paragraph (9) the following:

(10)

obtain the opinions of peer reviewers in evaluating applications to the Corporation for assistance under this title; and

; and

(3)

in subsection (f)—

(A)

by inserting and Studies after Evaluations in the subsection heading; and

(B)

by adding at the end the following new paragraphs:

(3)

Evaluation on reaching 50 percent goal

The Corporation shall submit a report to the appropriate committees of Congress, not later than 18 months after the enactment of this section on actions taken to achieve the goal of 50 percent full-time approved national service positions as described in 193A(b)(1), including an assessment of the progress made toward achieving that goal and the actions to be taken in the coming year toward achieving that goal.

(4)

Evaluation on Applications

The Corporation shall submit a report to the appropriate committees of Congress, not later than 18 months after the enactment of this section a report on the actions taken to modify the application procedures and reporting requirements for programs and activities funded under then national service laws, including a description of the consultation procedures with grantees.

(5)

Study of involvement of veterans

The Corporation shall submit to the appropriate committees of Congress, not later than 3 years after the enactment of this section, on—

(A)

the number of veterans serving in national service programs historically by year;

(B)

strategies being undertaken to identify the specific areas of need of veterans, including any goals set by the Corporation for veterans participating in the service programs;

(C)

the impact of the strategies described in paragraph (2) and the Veterans Corps on enabling greater participation by veterans in the national service programs carried out under the national service laws;

(D)

how existing programs and activities carried out under the national service laws could be improved to serve veterans, veterans service organizations, families of active-duty military, including gaps in services to veterans;

(E)

the extent to which existing programs and activities carried out under the national service laws are coordinated and recommendations to improve such coordination including the methods for ensuring the efficient financial organization of services directed towards veterans; and

(F)

how to improve utilization of veterans as resources and volunteers.

(6)

Consultation

In conducting the studies and preparing the reports required under this subsection, the Corporation shall consult with veterans’ service organizations, the Department of Veterans Affairs, State veterans agencies, the Department of Defense, as appropriate, and other individuals and entities the Corporation considers appropriate.

;

(4)

by adding at the end the following:

(h)

Authority To Contract With a Business

The Chief Executive Officer may, through contracts or cooperative agreements, carry out the marketing duties described in subsection (b)(13), with priority given to those entities who have established expertise in the recruitment of disadvantaged youth, members of Indian tribes, and members of the Baby Boom generation.

(i)

Campaign To Solicit Funds

The Chief Executive Officer may conduct a campaign to solicit non-Federal funds to support outreach and recruitment of a diverse population of service sponsors of and participants in programs and projects receiving assistance under the national service laws.

.

1705.

Delegation to States

Consistent with section 193A(c)(1) (42 U.S.C. 12651d(c)(1)), the Chief Executive Officer may delegate to States specific programmatic authority upon a determination that such a delegation will increase efficiency in the operation or oversight of a program under the national service laws.

1706.

Chief financial officer

Section 194(c) (42 U.S.C. 12651e(c)) is amended—

(1)

by striking paragraphs (1) and (2) and inserting:

(1)

In general

The Corporation shall have a chief financial officer appointed subject to the provisions of title 5, United States Code, governing appointment in the competitive service and paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates.

; and

(2)

by redesignating paragraph (3) as paragraph (2).

1707.

Nonvoting members; personal services contracts

Section 195 (42 U.S.C. 12651f) is amended—

(1)

in subsection (c)—

(A)

in paragraph (2)(B), by inserting after subdivision of a State, the following: Territory,; and

(B)

in paragraph (3)—

(i)

in the heading, by striking Member and inserting Non-voting member; and

(ii)

by inserting non-voting before member; and

(2)

by adding at the end the following new subsection:

(g)

Personal Services Contracts

The Corporation may enter into personal services contracts to carry out research, evaluation, and public awareness related to the national service laws.

.

1708.

Donated services

Section 196(a) (42 U.S.C. 12651g(a)) is amended—

(1)

in paragraph (1)—

(A)

by striking subparagraph (A) and inserting the following:

(A)

Organizations and individuals

Notwithstanding section 1342 of title 31, United States Code, the Corporation may solicit and accept the services of organizations and individuals (other than participants) to assist the Corporation in carrying out the duties of the Corporation under the national service laws, and may provide to such individuals the travel expenses described in section 192A(d).

;

(B)

in subparagraph (B)—

(i)

in the matter preceding clause (i), by striking Such a volunteer and inserting A person who is a member of an organization or is an individual covered by subparagraph (A);

(ii)

in clause (i), by striking a volunteer and inserting such a person;

(iii)

in clause (ii), by striking volunteers and inserting such a person; and

(iv)

in clause (iii), by striking such a volunteer and inserting such a person; and

(C)

in subparagraph (C)(i), by striking Such a volunteer and inserting Such a person; and

(2)

by striking paragraph (3).

1709.

Study to examine and increase service programs for displaced workers

(a)

Planning study

The Corporation for National and Community Service shall conduct a study to identify—

(1)

specific areas of need for displaced workers;

(2)

how existing programs and activities carried out under the national service laws could better serve displaced workers and communities that have been adversely affected by plant closings and job losses;

(3)

prospects for better utilization of skilled workers as resources and volunteers; and

(4)

methods for ensuring the efficient financial organization of services directed towards displaced workers.

(b)

Consultation

The study shall be carried out in consultation with the Department of Labor, State labor agencies, and other individuals and entities the Corporation considers appropriate.

(c)

Report

Not later than 1 year after the date of the enactment of this Act, the Corporation shall submit to the appropriate committees of Congress a report on the results of the planning study required by subsection (a), together with a plan for implementation of a pilot program using promising strategies and approaches for better targeting and serving displaced workers.

(d)

Pilot program

From amounts made available to carry out this section, the Corporation shall develop and carry out a pilot program based on the findings in the report submitted under subsection (c).

(e)

Authorization of appropriations

There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2010 through 2014.

1710.

Study to evaluate the effectiveness of a centralized electronic citizenship verification system

(a)

Study

The Corporation for National and Community Service shall conduct a study to determine the effectiveness of a centralized electronic citizenship verification system which would allow the Corporation to share employment eligibility information with the Department of Education in order to reduce administrative burden and lower costs for member programs. This study shall identify—

(1)

the costs associated with establishing this program both for the Corporation and for the Department of Education;

(2)

the benefits or detriments of such a system both for the Corporation and for the Department of Education;

(3)

strategies for ensuring the privacy and security of member information that is shared between agencies and member organizations;

(4)

the information that needs to be shared in order to fulfill employment eligibility requirements; and

(5)

recommendations for implementation of such a program.

(b)

Consultation

The study shall be carried out in consultation with the Department of Education and other individuals and entities the Corporation considers appropriate.

(c)

Report

Not later than 18 months after the date of the enactment of this Act, the Corporation shall submit to the appropriate committees of Congress a report on the results of the study required by subsection (a), together with a plan for implementation of a pilot program using promising strategies and approaches identified in such study, if the Corporation determines such program to be feasible.

(d)

Pilot Program

From amounts made available to carry out this section, the Corporation may develop and carry out a pilot program based on the findings in the report submitted under subsection (c).

(e)

Authorization of Appropriations

There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2010 through 2014.

H

Amendments to Subtitle H

1801.

Technical amendments to subtitle H

(a)

Additional Corporation activities To support national service

Subtitle H is amended by inserting after the subtitle heading and before section 198 the following:

I

Additional Corporation Activities to Support National Service

.

(b)

Technical amendments

Section 198 (42 U.S.C. 12653) is amended—

(1)

in subsection (a), by striking subsection (r) and inserting subsection (g);

(2)

in subsection (b), by striking to improve the quality and all that follows through including the first place such term appears and inserting to address emergent needs through summer programs and other activities, and to support service-learning programs and national service programs, including; and

(3)

by striking subsections (c), (d), (e), (f), (h), (i), (j), (l), (m), and (p) and redesignating subsections (g), (k), (n), (o), (q), (r), and (s) as subsections (c), (d), (e), (f), (g), (h), and (i), respectively.

(c)

Call to Service Campaign and September 11th Day of Service

Section 198 (as amended by subsection (b) (42 U.S.C. 12653) is further amended by adding at the end the following:

(j)

Call to Service Campaign

Not less than 180 days after enactment of this Act, the Corporation shall conduct a nationwide Call To Service campaign, to encourage all people of the United States, regardless of age, race, ethnicity, religion, or economic status, to engage in full- or part-time national service, long- or short-term public service in the nonprofit sector or government, or volunteering. In conducting the campaign, the Corporation may collaborate with other Federal agencies and entities, State Commissions, Governors, nonprofit and faith-based organizations, businesses, institutions of higher education, elementary schools, and secondary schools.

(k)

September 11th Day of Service

(1)

Federal activities

The Corporation may organize and carry out appropriate ceremonies and activities, which may include activities that are part of the broader Call to Service Campaign, in order to observe September 11th National Day of Service and Remembrance at the Federal level.

(2)

Activities

The Corporation may make grants and provide other support to community-based organizations to assist in planning and carrying out appropriate service, charity, and remembrance opportunities in conjunction with the September 11th National Day of Service and Remembrance.

(3)

Consultation

The Corporation may consult with and make grants or provide other forms of support to nonprofit organizations with expertise in representing September 11th families and other impacted constituencies, in promoting the establishment of September 11th as an annually recognized National Day of Service and Remembrance.

.

1802.

Repeals

(a)

Repeals

The following provisions are repealed:

(1)

Clearinghouses

Section 198A (42 U.S.C. 12653a).

(2)

Military installation conversion demonstration programs

Section 198C (42 U.S.C. 12653c).

(3)

Special demonstration project

Section 198D (42 U.S.C. 12653d).

(b)

Redesignation

Section 198B is redesignated as section 198A.

1803.

New Fellowships

Subtitle H is further amended by adding at the end the following new sections:

198B.

Serve America Fellowships

(a)

Definitions

In this section:

(1)

Area of National Need

The term area of national need means an area involved in efforts to—

(A)

improve education in schools for economically disadvantaged students;

(B)

expand and improve access to health care;

(C)

improve energy efficiency and conserve natural resources;

(D)

improve economic opportunities for economically disadvantaged individuals; or

(E)

improve disaster preparedness and response.

(2)

Eligible Fellowship Recipient

The term eligible fellowship recipient means an individual who is selected by a State Commission under subsection (c), as a result of such selection, is eligible for a ServeAmerica Fellowship.

(3)

Fellow

The term fellow means an eligible fellowship recipient who is awarded a ServeAmerica Fellowship and is designated a fellow under subsection (e).

(b)

Grants

(1)

In general

From the amounts appropriated under section 501(a)(2) and allotted under paragraph (2)(A), the Corporation shall make grants (including financial assistance and a corresponding allotment of approved national service positions), to the State Commission of each of the several States, the District of Columbia, or the Commonwealth of Puerto Rico with an application approved under this section, to enable such State Commission to award ServeAmerica Fellowships under subsection (e).

(2)

Allotment; Rules

(A)

Allotment

The amount allotted to a State Commission for a fiscal year shall be equal to an amount that bears the same ratio to the amount appropriated under section 501(a)(2), as the population of the State bears to the total population of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.

(B)

Rules

Of the amount allotted to a State Commission under subparagraph (A)—

(i)

1/3 of such amount shall be awarded to Fellows serving in organizations that maintain not more than 10 full-time staff and not more than 10 part-time staff; and

(ii)

not more than 1.5 percent of such amount may be used for administrative costs.

(C)

Reallotment

If a State Commission does not apply for an allotment under this subsection, or if a State Commission’s application is not approved, the Corporation shall reallot the amount of the State Commission’s allotment to the remaining State Commissions in accordance with subparagraph (A).

(3)

Number of positions

The Corporation shall—

(A)

establish or increase the number of approved national service positions under this subsection during each of fiscal years 2010 through 2014;

(B)

establish the number of approved positions at 500 for fiscal year 2010; and

(C)

increase the number of the approved positions to—

(i)

750 for fiscal year 2011;

(ii)

1,000 for fiscal year 2012;

(iii)

1,250 for fiscal year 2013; and

(iv)

1,500 for fiscal year 2014.

(4)

Uses of grant funds

(A)

Required uses

A grant awarded under this subsection shall be used to enable fellows to carry out service projects in areas of national need.

(B)

Permitted uses

A grant awarded under this subsection may be used for—

(i)

oversight activities and mechanisms for the service sites as determined by the State Commission or the Corporation, which may include site visits;

(ii)

activities to augment the experience of participants in approved national service positions under this section, including activities to engage such participants in networking opportunities with other national service participants; and

(iii)

recruitment or training activities for participants in approved national service positions under this section.

(5)

Applications

To be eligible to receive a grant under this subsection, a State Commission shall submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may require, including information on the criteria and procedures that the State Commission will use for overseeing ServeAmerica Fellowship placements for service projects, under subsection (e).

(c)

Eligible Fellowship recipients

(1)

Application

(A)

In general

An applicant desiring to become an eligible fellowship recipient shall submit an application to a State Commission, at such time and in such manner as the Commission may require, and containing the information described in subparagraph (B) and such additional information as the Commission may require. An applicant may submit such application to only one State Commission for a fiscal year.

(B)

Contents

The Corporation shall specify information to be provided in an application submitted under this subsection, which shall include—

(i)

a description of the area of national need that the applicant intends to address in the service project;

(ii)

a description of the skills and experience the applicant has to address the area of national need;

(iii)

a description of the type of service the applicant plans to provide as a fellow; and

(iv)

information identifying the local area in which the applicant plans to serve, for the service project.

(2)

Selection

Each State Commission shall select the applicants received by the State Commission for a fiscal year, the number of eligible fellowship recipients that may be supported for that fiscal year based on the grant received by the State Commission under subsection (b).

(d)

Service Sponsor Organizations

(1)

In general

Each service sponsor organization shall—

(A)

be a nonprofit organization or an institution of higher education that is not a Campus of Service (as described in section 119);

(B)

satisfy qualification criteria established by the Corporation or the State Commission, including standards relating to organizational capacity, financial management, and programmatic oversight;

(C)

not be a recipient of other national service awards; and

(D)

at the time of registration with a State Commission, enter into an agreement providing that the service sponsor organization shall—

(i)

abide by all program requirements;

(ii)

provide an amount described in subsection (e)(3)(b) for each fellow serving with the organization through the ServeAmerica Fellowship;

(iii)

be responsible for certifying whether each fellow serving with the organization successfully completed the ServeAmerica Fellowship, and record and certify in a manner specified by the Corporation the number of hours served by a fellow for purposes of determining the fellow's eligibility for benefits; and

(iv)

provide timely access to records relating to the ServeAmerica Fellowship to the State Commission, the Corporation, and the Corporation's Inspector General.

(2)

Registration

(A)

Requirement

No service sponsor organization may receive a fellow under this subsection until the organization registers with the State Commission;

(B)

Clearinghouse

The State Commission shall maintain a list of registered service sponsor organizations on a public website;

(C)

Revocation

If a State Commission determines that a service sponsor organization is in violation of any of the applicable provisions of this section—

(i)

the State Commission shall revoke the registration of the organization;

(ii)

the organization shall not be eligible to receive a national service award under this title, for not less than 5 years; and

(iii)

the State Commission shall have the right to remove a fellow from the organization and relocate the fellow to another site.

(e)

Fellows

(1)

In general

To be eligible to participate in a service project as a fellow and receive a ServeAmerica Fellowship, an eligible fellowship recipient shall—

(A)

within 3 months after being selected as an eligible fellowship recipient, select a registered service sponsor organization described in subsection (d) with which the recipient is interested in serving under this section; and

(B)

enter into an agreement with the organization—

(i)

that specifies the service the recipient will provide if the placement is approved; and

(ii)

in which the recipient agrees to serve for 1 year on a full-time or part-time basis (as determined by the Corporation); and

(iii)

submit such agreement to the State Commission.

(2)

Award

Upon receiving the eligible fellowship recipient's agreement under paragraph (1), the State Commission shall award a ServeAmerica Fellowship to the recipient and designate the recipient as a fellow.

(3)

Fellowship Amount

(A)

In general

From amounts received under subsection (b), each State Commission shall award each of the State’s fellows a ServeAmerica Fellowship amount that is equal to 50 percent of the amount of the total average annual subsistence allowance provided to VISTA volunteers under section 105 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4955).

(B)

Amount from service sponsor organization

Except as provided in subsection (C), the service sponsor organization shall award to the fellow serving such organization an amount that will ensure that the total award received by the fellow for service in the service project (consisting of such amount and the ServeAmerica Fellowship amount the fellow receives under subparagraph (A)) is equal to or greater than 70 percent of the average annual subsistence allowance provided to VISTA volunteers under section 105 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4955).

(C)

Maximum living allowance

(i)

In general

The total amount that may be provided to a fellow under this subparagraph shall not exceed 100 percent of the average annual subsistence allowance provided to VISTA volunteers under section 105 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4955).

(ii)

Small organizations

A service sponsor organization meeting the requirements of subsection (b)(2)(B)(i) shall award to the fellow serving such organization an amount that will ensure that the total award received by the fellow for service in the service project (consisting of that amount and the ServeAmerica Fellowship amount that fellows receive under clause (i) is equal to or greater than 60 percent of the average annual subsistence allowance provided to VISTA volunteers under section 105 of the Domestic Volunteers Service Act of 1973.

(D)

Proration of amount

In the case of a fellow who is authorized to serve a part-time term of service under the agreement described in subparagraph (1)(B)(ii), the amount provided to a fellow under this subparagraph shall be prorated accordingly.

(E)

Waiver

The Corporation may allow a State Commission to waive the amount required under subparagraph (B) from the service sponsor organization for a fellow serving the organization if—

(i)

such requirement is inconsistent with the objectives of the ServeAmerica Fellowship program; and

(ii)

the amount provided to the fellow under subparagraph (A) is sufficient to meet the necessary costs of living (including food, housing, and transportation) in the area in which the ServeAmerica Fellowship program is located.

(f)

Compliance with ineligible service categories

Service under a ServeAmerica Fellowship shall comply with section 132(a). For purposes of applying that section to this subsection, a reference to assistance shall be considered to be a reference to assistance provided under this section.

(g)

Reports

Each service sponsor organization that receives a fellow under this subsection shall, on a biweekly basis, report to the State Commission on the number of hours served and the services provided by that fellow. The Corporation shall establish a web portal for the organizations to use in reporting the information.

(h)

Educational awards

A fellow who serves in a service project under this section shall be considered to have served in an approved national service position and, upon meeting the requirements of section 147 for full-time or part-time national service, shall be eligible for a national service educational award described in such section. The Corporation shall transfer an appropriate amount of funds to the National Service Trust to provide for the national service educational awards for such fellow.

198C.

Silver Scholarships and Encore Fellowships

(a)

Silver Scholarship

(1)

Establishment

The Corporation may award grants, including fixed-amount grants (in accordance with section 129(l)) to community-based organizations to carry out a Silver Scholarship Grant Program for individuals age 55 and older to complete not less than 500 hours of service in a year carrying out projects of national need and to receive a Silver Scholarship in the form of a $1,000 education award. Under such a program—

(A)

the Corporation shall establish criteria for the types of the service required to be performed to receive such award; and

(B)

the individual receiving the award shall use such award in accordance with sections 146(c), 146(d), and 148(c).

(2)

Term

Each program funded under this subsection shall be carried out over a period of 3 years, which may include 1 planning year and 2 additional grant years, with a 1-year extension possible, if the program meets performance measures developed in accordance with section 179(a) and any other criteria determined by the Corporation.

(3)

Applications

To be eligible to carry out a program under this subsection, a community-based organization shall submit to the Corporation an application at such time and in such manner as the Chief Executive Officer may reasonably require. A community-based organization approved by the Corporation shall be a listed organization as described in subsection (b)(2)(D).

(4)

Collaboration encouraged

A community-based organization awarded a grant under this subsection is encouraged to collaborate with programs funded under title II of the Domestic Volunteer Service Act in carrying out this program.

(5)

Eligibility for scholarship

An individual is eligible to receive a Silver Scholarship if the community-based organization certifies to the Corporation that the individual has completed not less than 500 hours of service under this section.

(6)

Support services

A community-based organization receiving a grant under this subsection may use a portion of the fixed-amount grant to provide transportation services to an eligible individual to allow such individual to participate in a service project.

(b)

Encore Fellowships

(1)

Establishment

The Corporation may award 1-year Encore Fellowships to enable individuals age 55 or older to—

(A)

carry out service projects in areas of national need; and

(B)

to receive training and development in order to transition to full- or part-time public service in the nonprofit sector or government.

(2)

Program

In carrying out the program, the Corporation shall—

(A)

maintain a list of eligible organizations for which Encore Fellows may be placed to carry out service projects through the program and shall provide the list to all Fellowship recipients; and

(B)

at the request of a Fellowship recipient—

(i)

determine whether the requesting recipient is able to meet the service needs of a listed organization, or another organization that the recipient requests in accordance with subparagraph (E), for a service project; and

(ii)

upon making a favorable determination under clause (i), award the recipient with an Encore Fellowship, and place the recipient with the organization as an Encore Fellow under subparagraph (E).

(C)

Eligible recipients

(i)

In general

An individual desiring to be selected as a Fellowship recipient shall—

(I)

be an individual who—

(aa)

is at least 55 years of age as of the time the individual applies for the program; and

(bb)

is not engaged in, but who wishes to engage in, full- or part-time public service in the nonprofit sector or government; and

(II)

submit an application to the Corporation, at such time, in such manner, and containing such information as the Corporation may require, including—

(aa)

a description of the area of national need that the applicant hopes to address through the service project;

(bb)

a description of the skills and experience the applicant has to address an area of national need; and

(cc)

information identifying the region of the United States in which the applicant wishes to serve.

(ii)

Selection basis

In determining which individuals to select as Fellowship recipients, the Corporation shall—

(I)

select not more than 10 individuals from each State; and

(II)

give priority to individuals with skills and experience for which there is an ongoing high demand in the nonprofit sector and government.

(D)

Listed organizations

To be listed under subparagraph (A), an organization shall—

(i)

be a nonprofit organization; and

(ii)

submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may require, including—

(I)

a description of—

(aa)

the services and activities the organization carries out generally;

(bb)

the area of national need that the organization seeks to address through a service project; and

(cc)

the services and activities the organization seeks to carry out through the proposed service project;

(II)

a description of the skills and experience that an eligible Encore Fellowship recipient needs to be placed with the organization as an Encore Fellow for the service project;

(III)

a description of the training and leadership development the organization shall provide an Encore Fellow placed with the organization to assist the Encore Fellow in obtaining a public service job in the nonprofit sector or government after the period of the Encore Fellowship; and

(IV)

evidence of the organization’s financial stability.

(E)

Placement

(i)

Request for placement with listed organizations

To be placed with a listed organization in accordance with subparagraph (B)(ii) for a service project, an eligible Encore Fellowship recipient shall submit an application for such placement to the Corporation at such time, in such manner, and containing such information as the Corporation may require.

(ii)

Request for placement with other organization

An eligible Encore Fellowship recipient may apply to the Corporation to serve the recipient’s Encore Fellowship year with a nonprofit organization that is not a listed organization. Such application shall be submitted to the Corporation at such time, in such manner, and containing such information as the Corporation shall require, and shall include—

(I)

an identification and description of—

(aa)

the organization;

(bb)

the area of national need the organization seeks to address; and

(cc)

the services or activities the organization carries out to address such area of national need;

(II)

a description of the services the eligible Encore Fellowship recipient shall provide for the organization as an Encore Fellow; and

(III)

a letter of support from the leader of the organization, including—

(aa)

a description of the organization’s need for the eligible Encore Fellowship recipient's services;

(bb)

evidence that the organization is financially sound;

(cc)

an assurance that the organization will provide training and leadership development to the eligible Encore Fellowship recipient if placed with the organization as an Encore Fellow, to assist the Encore Fellow in obtaining a public service job in the nonprofit sector or government after the period of the Encore Fellowship; and

(dd)

a description of the training and leadership development to be provided to the Encore Fellowship recipient if so placed.

(iii)

Placement and award of fellowship

If the Corporation determines that the eligible Encore Fellowship recipient is able to meet the service needs (including skills and experience to address an area of national need) of the organization that the eligible fellowship recipient requests under clause (ii) or (iii), the Corporation shall—

(I)

approve the placement of the eligible Encore Fellowship recipient with the organization;

(II)

award the eligible Encore Fellowship recipient an Encore Fellowship for a period of 1 year and designate the eligible Encore Fellowship recipient as an Encore Fellow; and

(III)

in awarding the Encore Fellowship, make a payment, in the amount of $11,000, to the organization to enable the organization to provide living expenses to the Encore Fellow for the year in which the Encore Fellow agrees to serve.

(F)

Matching funds

An organization that receives an Encore Fellow under this subsection shall agree to provide, for the living expenses of the Encore Fellow during the year of service, non-Federal contributions in an amount equal to not less than $1 for every $1 of Federal funds provided to the organization for the Encore Fellow through the fellowship.

(G)

Training and assistance

Each organization that receives an Encore Fellow under this subsection shall provide training, leadership development, and assistance to the Encore Fellow, and conduct oversight of the service provided by the Encore Fellow.

(H)

Leadership development

Each year, the Corporation shall convene current and former Encore Fellows to discuss the Encore Fellows’ experiences related to service under this subsection and discuss strategies for increasing leadership and careers in public service in the nonprofit sector or government.

(c)

Evaluations

The Corporation shall conduct an independent evaluation of the programs authorized under subsections (a) and (b) and widely disseminate the results, including recommendations for improvement, to the service community through multiple channels, including the Corporation’s Resource Center or a clearinghouse of effective strategies.

.

1804.

Innovative and model program support

Subtitle H is further amended by adding at the end the following:

II

Innovative and model program support

198D.

Innovative and model program support

(a)

Methods of Conducting Activities

The Corporation may, through grants and fixed-amount grants (in accordance with section 129(l)), carry out the following programs:

(1)

Programs for disadvantaged youth

A program selected from among those listed in 122(a) where no less than 75 percent of the participants are disadvantaged youth.

(A)

Components of programs

Such programs may include life skills training, employment training, educational counseling, program to complete a high-school diploma or GED, counseling, or a mentoring relationship with an adult volunteer.

(B)

Priority

Priority shall be given to programs that engage retirees to serve as mentors.

(2)

Programs that engage youth under the age of 17

Programs that engage youth under the age of 17 in service to the community to meet unmet human, educational, environmental, emergency and disaster preparedness, or public safety needs and may be a summer program or a year-round program. Priority shall be given to programs that collaborate with the RSVP Program and the AmeriCorps programs.

(3)

Programs that reduce recidivism

Programs that re-engage court-involved youth and adults with the goal of reducing recidivism. Priority shall be given to such programs that create support systems beginning in corrections facilities, and programs that have life skills training, employment training, an education program, including a program to complete a high-school diploma or GED, educational and career counseling, post program placement, and support services, which could begin in corrections facilities. The program may include health and wellness programs, including but not limited to drug and alcohol treatment, mental health counseling, and smoking cessation.

(4)

Programs that recruit certain individuals

Demonstration projects for programs that have as one of their primary purposes the recruitment and acceptance of court-involved youth and adults as participants, volunteers, or members. Such a program may serve any purpose otherwise permitted under this Act.

(5)

Programs that support mentoring

Programs that support and strengthen direct-service youth mentoring programs by increasing State resources dedicated to mentoring and to allow mentoring partnerships to assist direct-service mentoring programs through subgrants, to promote quality standards for mentoring programs, to expand mentoring opportunities tailored to the needs and circumstances of youth, to increase the number of at-risk youth in the State receiving mentoring from screened and trained adult mentors; and

(6)

Programs that build State and National Mentoring Infrastructure

Programs to create statewide Mentoring Partnerships or implement youth mentoring projects of national scope.

(7)

Other innovative and model programs

Any other innovative and model programs that the Corporation considers appropriate.

(b)

Requirements

(1)

Three-year term

Each program funded under this part shall be carried out over a period of three years, which may include one planning year and two additional grant years, with a 1-year extension possible, if the program meets performance measures developed in accordance with section 179(a) and any other criteria determined by the Corporation.

(2)

Matching funds

(A)

In general

The Federal share of the cost of carrying out a program for which a grant is made under this part may not exceed 76 percent of the total cost of the program in the first year and may not exceed 50 percent of the total cost of the program for the remaining years of the grant, including if the grant is extended for 1 year.

(B)

Non-federal contribution

In providing for the remaining share of the cost of carrying out such a program, each recipient of a grant under this part—

(i)

shall provide for such share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services; and

(ii)

may provide for such share through State sources or local sources, including private funds or donated services.

(3)

Collaboration encouraged

Each program funded under this part is encouraged to collaborate with Learn and Serve, AmeriCorps, VISTA, and the National Senior Service Corps.

(4)

Evaluation

Upon completion of the program, the Corporation shall conduct an independent evaluation of the program and widely disseminate the results, including recommendations for improvement, to the service community through multiple channels, including the Corporation’s Resource Center or a clearinghouse of effective strategies.

(c)

Applications

To be eligible to carry out a program under this part, an entity shall prepare, submit to the Corporation, and obtain approval of, an application at such time and in such manner as the Chief Executive Officer may reasonably require.

.

1805.

Social innovation fund

Subtitle H is further amended by adding after Part II (as added by section 1804) the following new part:

III

Social Innovation Fund

198E.

Social Innovation Fund

(a)

Findings

Congress finds the following:

(1)

Social entrepreneurs and other nonprofit community organizations are developing innovative and effective solutions to national and local challenges.

(2)

Increased public and private investment in replicating and expanding proven effective solutions developed by social entrepreneurs and other nonprofit community organizations, could allow those entrepreneurs and organizations to replicate and expand proven initiatives in communities.

(3)

Increased public and private investment to seed new solutions to our nation’s most serious challenges will create a pipeline of new social innovations.

(4)

A Social Innovation Fund could leverage Federal investments to increase State, local, business, and philanthropic resources to replicate and expand proven solutions, and invest in seeding new innovations, to tackle specific identified community challenges.

(b)

Purposes

The purposes of this section are—

(1)

to recognize and increase the impact of social entrepreneurs and other nonprofit community organizations in tackling national and local challenges;

(2)

to stimulate the development of a Social Innovation Fund that will increase private and public investment in nonprofit community organizations that are effectively addressing national and local challenges to allow such organizations to replicate and expand successful initiatives;

(3)

to assess the effectiveness of—

(A)

leveraging Federal investments to increase State, local, business, and philanthropic resources to address national and local challenges;

(B)

providing resources to replicate and expand effective initiatives; and

(C)

seeding experimental initiatives; and

(4)

to strengthen the infrastructure to identify, invest in, and replicate and expand, initiatives with effective solutions to national and local challenges.

(c)

Definitions

In this section—

(1)

the term community organization means a nonprofit organization that carries out innovative, effective initiatives to address community challenges;

(2)

the term covered entity means—

(A)

an existing grantmaking institution (existing as of the date on which the institution applies for a grant under this section); or

(B)

a partnership between—

(i)

such an existing grantmaking institution; and

(ii)

an additional grantmaking institution, a State Commission, or a chief executive officer of a unit of general local government; or

(C)

an individual nonprofit organization; and

(3)

the term issue area means an area described in subsection (f)(3).

(d)

Program

The Corporation shall establish a Social Innovation Fund grant program to make grants on a competitive basis to eligible entities.

(e)

Periods; amounts

(1)

For covered entities described in subsection (c)(2)(A) and (B), the Corporation shall make such grants for periods of 5 years, and may renew the grants for additional periods of 5 years, in amounts of not less than $1,000,000 and not more than $10,000,000 per year.

(2)

For covered entities described in subsection (c)(2)(C), the Corporation shall make grants for up to 3 years, and may renew the grants for additional periods of 3 years, in amounts up to $500,000 per year.

(f)

Eligibility

To be eligible to receive a grant under this section, an entity shall—

(1)

be a covered entity;

(2)

be focused on—

(A)

serving a specific local geographical area; or

(B)

addressing a specific issue area, in geographical areas that have the highest need in that issue area, as demonstrated by statistics concerning that need.

(3)

be focused on improving measurable outcomes relating to—

(A)

education for economically disadvantaged students;

(B)

child and youth development;

(C)

reductions in poverty or increases in economic opportunity for economically disadvantaged individuals;

(D)

health, including access to health care and health education;

(E)

resource conservation and local environmental quality;

(F)

individual or community energy efficiency;

(G)

civic engagement; or

(H)

reductions in crime;

(4)

For covered entities described in subsection (c)(2)(A) and (B), have an evidence-based decision-making strategy including, but not limited to—

(A)

use of evidence produced by prior rigorous evaluations of program effectiveness including, where available, well-implemented randomized controlled trials; and

(B)

a well-articulated plan to—

(i)

replicate and expand research-proven initiatives that have been shown to produce sizeable, sustained benefits to participants or society; or

(ii)

partner with a research organization to carry out rigorous evaluations to assess the effectiveness of approaches.

(5)

For covered entities described in subsection (c)(2)(C), have an evidence-based decision-making strategy including, but not limited to—

(A)

use of evidence produced by prior rigorous evaluations of program effectiveness including, where available, well-implemented randomized controlled trials; or

(B)

a well-articulated plan to—

(i)

conduct rigorous evaluations to assess the effectiveness of approaches; or

(ii)

partner with a research organization to carry out rigorous evaluations to assess the effectiveness of approaches to addressing national or local challenges.

(6)

For covered entities described in subsection (c)(2)(A) and (B), have a well-articulated process for assessing community organizations for subgrants; and

(7)

have appropriate policies, as determined by the Corporation, that protect against conflict of interest, self-dealing, and other improper practices.

(g)

Application

To be eligible to receive a grant under subsection (d) for national leveraging capital, an eligible entity shall submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may specify, including, at a minimum—

(1)

an assurance that the eligible entity will—

(A)

use the funds received through that capital in order to make subgrants to community organizations that will use the funds to test new initiatives, or replicate or expand proven initiatives in low-income communities;

(B)

use the funds for growth capital or to test new initiatives;

(C)

in making decisions about subgrants for communities, consult with a diverse cross section of community representatives in the decisions, including individuals from the public, nonprofit, and for-profit private sectors; and

(D)

make subgrants of a sufficient size and scope to enable the community organizations to build their capacity to test or manage initiatives, and sustain replication or expansion of the initiatives;

(2)

an assurance that the eligible entity will not make any subgrants to the parent organizations of the eligible entity, a subsidiary organization of the parent organization, or, if the eligible entity applied for funds under this section as a partnership, any member of the partnership;

(3)

an identification of, as appropriate—

(A)

the specific local geographical area referred to in subsection (f)(2)(A) that the eligible entity is proposing to serve; or

(B)

geographical areas referred to in subsection (f)(2)(B) that the eligible entity is likely to serve;

(4)
(A)

information identifying the issue areas in which the eligible entity will work to improve measurable outcomes;

(B)

statistics on the needs related to those issue areas in, as appropriate—

(i)

the specific local geographical area described in paragraph (3)(A); or

(ii)

the geographical areas described in paragraph (3)(B), including statistics demonstrating that those geographical areas have the highest need in the specific issue area that the eligible entity is proposing to address; and

(C)

information on the specific measurable outcomes related to the issue areas involved that the eligible entity will seek to improve;

(5)

information describing the process by which the eligible entity selected, or will select, community organizations to receive the subgrants, to ensure that the community organizations—

(A)

are institutions with proven initiatives, with track records of achieving specific outcomes related to the measurable outcomes for the eligible entity, or are institutions that articulate a new solution with potential for substantial impact;

(B)

articulate measurable outcomes for the use of the subgrant funds that are connected to the measurable outcomes for the eligible entity;

(C)

will use the funds to test, replicate or expand their initiatives;

(D)

provide a well-defined plan for testing, replicating or expanding the initiatives funded;

(E)

can sustain the initiatives after the subgrant period concludes through reliable public revenues, earned income, or private sector funding;

(F)

have strong leadership and financial and management systems;

(G)

are committed to the use of data collection and evaluation for improvement of the initiatives;

(H)

will implement and evaluate innovative initiatives, to be important contributors to knowledge in their fields; and

(I)

will meet the requirements for providing matching funds specified in subsection (k);

(6)

information about the eligible entity, including its experience managing collaborative initiatives, or assessing applicants for grants and evaluating the performance of grant recipients for outcome-focused initiatives, and any other relevant information;

(7)

a commitment to meet the requirements of subsection (i) and a plan for meeting the requirements, including information on any funding that the eligible entity has secured to provide the matching funds required under that subsection;

(8)

a description of the eligible entity’s plan for providing technical assistance and support, other than financial support, to the community organizations that will increase the ability of the community organizations to achieve their measurable outcomes;

(9)

information on the commitment, institutional capacity, and expertise of the eligible entity concerning—

(A)

collecting and analyzing data required for evaluations, compliance efforts, and other purposes;

(B)

supporting relevant research; and

(C)

submitting regular reports to the Corporation, including information on the initiatives of the community organizations, and the replication or expansion of such initiatives; and

(10)

a commitment to use data and evaluations to improve their model and be more transparent about its challenges; and

(11)

a commitment to cooperate with any evaluation activities undertaken by the Corporation.

(h)

Selection criteria

In selecting eligible entities to receive grants under this section, the Corporation shall—

(1)

select eligible entities on a competitive basis;

(2)

select eligible entities on the basis of the quality of their selection process, as described in subsection (g)(5), the capacity of the eligible entities to manage Social Innovation Funds, and the potential of the eligible entities to sustain the Funds after the conclusion of the grant period;

(3)

solicit broad community perspectives that inform grant-making decisions;

(4)

include among the grant recipients eligible entities that propose to provide subgrants to serve communities (such as rural low-income communities) that the eligible entities can demonstrate are significantly philanthropically underserved; and

(5)

select a geographically diverse set of eligible entities.

(i)

Matching funds for grants

(1)

In general

The Corporation may not make a grant to an eligible entity under this section for a Community Solutions Fund unless the entity agrees that, with respect to the cost described in subsection (d) for that Fund, the entity will make available matching funds in an amount not less than $1 for every $1 of funds provided under the grant.

(2)

Non-federal share

The eligible entity shall provide the matching funds in cash.

(j)

Reserved program funds for research and evaluation

The Corporation may reserve up to 5 percent of total program funds appropriated to carry out this section for a fiscal year to support research and evaluation related to this section.

(k)

Advisory Panel

(1)

In general

Under authority of section 195 (f) of the National and Community Service Act of 1990, the Chief Executive Officer, in consultation with the Board, shall establish an Advisory Panel to provide advice and input about carrying out this section. The Advisory Panel may collectively have experience in—

(A)

social entrepreneurship and social enterprise;

(B)

the management and operation of small nonprofit organizations and large nonprofit organizations;

(C)

business, including a business with experience working with a startup enterprises, experience growing businesses, experience with corporate social responsibility or a business with experience working with the nonprofit sector;

(D)

philanthropy, including an understanding of philanthropic challenges in urban and rural areas and in areas that are philanthropically underserved;

(E)

qualitative and quantitative social science research, including scientifically-rigorous evaluations of program effectiveness; data driven decision making and evidence-based policymaking;

(F)

volunteering, including effective volunteer management; and

(G)

government, including the management of government agencies and the role of government programs in providing services.

(2)

Other qualifications

The Advisory Panel shall include a diverse range of individuals, including young people, and individuals from diverse economic, racial, ethnic, and religious backgrounds, and individuals from diverse geographic areas.

(l)

Authorization of appropriations

There is authorized to be appropriated such sums as may be necessary to carry out this section.

.

1806.

Clearinghouses

Subtitle H is further amended by adding at the end the following:

IV

National Service Programs Clearinghouse

198F.

National Service Programs Clearinghouse

(a)

In general

The Corporation shall provide assistance, either by grant, contract, or cooperative agreement, to entities with expertise in the dissemination of information through clearinghouses to establish one or more clearinghouses for the national service laws.

(b)

Function of clearinghouse

Such a clearinghouse may—

(1)

assist entities carrying out State or local service-learning and national service programs with needs assessments and planning;

(2)

conduct research and evaluations concerning service-learning or programs receiving assistance under the national service laws unless the recipient is receiving funds for such purpose under part III of subtitle B and under subtitle H;

(3)
(A)

provide leadership development and training to State and local service-learning program administrators, supervisors, service sponsors, and participants; and

(B)

provide training to persons who can provide the leadership development and training described in subparagraph (A);

(4)

facilitate communication among entities carrying out service-learning programs and programs offered under the national service laws and participants in such programs;

(5)

provide and disseminate information and curriculum materials relating to planning and operating service-learning programs and programs offered under the national service laws, to States, Territories, Indian tribes, and local entities eligible to receive financial assistance under the national service laws;

(6)

provide and disseminate information regarding methods to make service-learning programs and programs offered under the national service laws accessible to individuals with disabilities;

(7)

disseminate applications in languages other than English;

(8)
(A)

gather and disseminate information on successful service-learning programs and programs offered under the national service laws, components of such successful programs, innovative curricula related to service-learning, and service-learning projects; and

(B)

coordinate the activities of the Clearinghouse with appropriate entities to avoid duplication of effort;

(9)

make recommendations to State and local entities on quality controls to improve the quality of service-learning programs and programs offered under the national service laws;

(10)

assist organizations in recruiting, screening, and placing a diverse population of service-learning coordinators and program sponsors;

(11)

disseminate effective strategies for working with disadvantaged youth in national service programs as determined by organizations with an established expertise working with such youth;

(12)

collaborate with State and local Mentoring Partnerships and directly with youth mentoring organizations to disseminate effective strategies for the recruiting, training, and screening of responsible adult mentors and best practices for building quality relationships between adult mentors and youth mentees; and

(13)

carry out such other activities as the Chief Executive Officer determines to be appropriate.

.

I

Training and Technical Assistance

1821.

Training and technical assistance

Title I is further amended by adding at the end the following new subtitle:

J

Training and Technical Assistance

199N.

Training and technical assistance

(a)

In general

The Corporation shall conduct, either directly or through grants, contracts, or cooperative agreements, including through State Commissions on National and Community Service, appropriate training and technical assistance to—

(1)

programs receiving assistance under the national service laws; and

(2)

entities (particularly those in rural areas and underserved communities)—

(A)

that desire to carry out or establish national service programs;

(B)

that desire to apply for assistance under the national service laws; or

(C)

that desire to apply for a subgrant under the national service laws.

(b)

Activities included

Such training and technical assistance activities may include—

(1)

providing technical assistance to those applying to carry out national service programs or those carrying out national service programs;

(2)

promoting leadership development in national service programs;

(3)

improving the instructional and programmatic quality of national service programs;

(4)

developing the management and budgetary skills of those operating or overseeing national service programs, including to increase the cost effectiveness of the programs under the national service laws;

(5)

providing for or improving the training provided to the participants in programs under the national service laws;

(6)

facilitating the education of national service programs in risk management procedures, including the training of participants in appropriate risk management practices;

(7)

training of those operating or overseeing national service programs in volunteer recruitment, management, and retention to improve the abilities of such individuals to use participants and other volunteers in an effective manner which results in high quality service and the desire of participants or volunteers to continue to serve in other capacities after the program is completed;

(8)

training of those operating or overseeing national service programs in program evaluation and performance measures to inform practices to augment the capacity and sustainability of the program;

(9)

training of those operating or overseeing national service programs to effectively accommodate people with disabilities to increase the participation of people with disabilities in national service programs. Such activities may utilize funding from the reservation of funds to increase the participation of individuals with disabilities as described in section 129(j);

(10)

establishing networks and collaboration among employers, educators, and other key stakeholders in the community to further leverage resources to increase local participation and to coordinate community-wide planning and service;

(11)

providing training and technical assistance for the National Senior Service Corps, including providing such training and technical assistance to programs receiving assistance under section 201 of the Domestic Volunteer Service Act of 1973; and

(12)

carrying out such other activities as the Chief Executive Officer determines to be appropriate.

(c)

Priority

The Corporation shall give priority to programs under the national service laws and those entities eligible to establish programs under the national service laws seeking training or technical assistance that—

(1)

seek to carry out high quality programs where the services are needed most;

(2)

seek to carry out high quality programs where national service programs do not currently exist or where the programs are too limited to meet community needs;

(3)

seek to carry out high quality programs that focus on and provide service opportunities for underserved rural and urban areas and populations; and

(4)

assist programs in developing a service component that combines students, out-of-school youths, and older adults as participants to provide needed community services.

.

J

Repeal of Title III (Points of Light Foundation)

1831.

Repeal

Title III (42 U.S.C. 12661 et seq.) is repealed.

K

Amendments to Title V (Authorization of Appropriations)

1841.

Authorization of appropriations

Section 501 (42 U.S.C. 12681) is amended to read as follows:

501.

Authorization of appropriations

(a)

Title I

(1)

Subtitle b

(A)

In general

There are authorized to be appropriated to provide financial assistance under subtitle B of title I—

(i)

$97,000,000 for fiscal year 2010; and

(ii)

such sums as may be necessary for each of fiscal years 2011 through 2014.

(B)

Programs

Of the amount appropriated under subparagraph (A) for a fiscal year—

(i)

not more than 60 percent shall be available to provide financial assistance under part I of subtitle B of title I;

(ii)

not more than 25 percent shall be available to provide financial assistance under part II of such subtitle; and

(iii)

not less than 15 percent shall be available to provide financial assistance under part III of such subtitle.

(C)

Special allocations

Of the amount appropriated under subparagraph (A) for a fiscal year, up to $10,000,000 shall be for summer of service grants, $20,000,000 for youth engagement zones, $7,000,000 for Campuses of Service, and up to $10,000,000 shall be deposited in the National Service Trust to support summer of service educational awards, consistent with section 120(c)(8).

(2)

Subtitles c, d, and h

(A)

In general

There are authorized to be appropriated to provide financial assistance under subtitles C and H of title I, to administer the National Service Trust and disburse national service educational awards and scholarships under subtitle D of title I, and to carry out such audits and evaluations as the Chief Executive Officer of the Corporation may determine to be necessary, such sums as may be necessary for each of fiscal years 2010 through 2014.

(B)

Priority

Notwithstanding any other provision of this Act, in obligating the amounts made available pursuant to the authorization of appropriations in subparagraph (C), priority shall be given to programs carried out in areas for which the President has declared the existence of a major disaster, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), as a consequence of Hurricanes Katrina and Rita.

(3)

Subtitle e

There are authorized to be appropriated to operate the National Civilian Community Corps and provide financial assistance under subtitle E of title I, $35,000,000 for fiscal year 2010 and such sums as may be necessary for each of fiscal years 2011 through 2014.

(4)

Administration

(A)

Corporation

There are authorized to be appropriated for the Corporation’s administration of the national service laws such sums as may be necessary for each of fiscal years 2010 through 2014.

(B)

State Commissions

There are authorized to be appropriated for assistance to State Commissions under section 126(a), such sums as may be necessary for each of fiscal years 2010 through 2014.

(5)

Training and technical assistance

Of the amounts appropriated for a fiscal year under subtitles B, C, and H of title I of this Act and under titles I and II of the Domestic Volunteer Service Act of 1973, the Corporation shall reserve up to 2.5 percent to carry out subtitle J of this Act. Notwithstanding subsection (b), amounts so reserved shall be available only for the fiscal year for which they are reserved.

(b)

Availability of Appropriations

Funds appropriated under this section shall remain available until expended.

.

II

AMENDMENTS TO THE DOMESTIC VOLUNTEER SERVICE ACT OF 1973

2001.

References

Except as otherwise specifically provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of a provision, the reference shall be considered to be made to a provision of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.).

A

Amendments to Title I (National Volunteer Antipoverty Programs)

2101.

Purpose

Section 2 (42 U.S.C. 4950) is amended—

(1)

in subsection (a), by striking both young and older citizens and inserting citizens of all ages and backgrounds; and

(2)

in subsection (b), by striking local agencies and all that follows through the period at the end and inserting local agencies, expand relationships with, and support for, the efforts of civic, community, and educational organizations, and utilize the energy, innovative spirit, experience, and skills of all Americans..

2102.

Purpose of the VISTA program

Section 101 (42 U.S.C. 4951) is amended—

(1)

in the second sentence, by striking afflicted with and inserting affected by; and

(2)

in the third sentence, by striking local level and all that follows through the period at the end and inserting local level, to support efforts by local agencies and organizations to achieve long-term sustainability of projects, consistent with section 185 of the National and Community Service Act of 1990, initiated or expanded under the VISTA program activities, and to strengthen local agencies and community organizations to carry out the purpose of this part..

2103.

Applications

Section 103 (42 U.S.C. 4953) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by inserting the Commonwealth of the Northern Mariana Islands, after American Samoa,; and

(B)

in paragraph (2)—

(i)

by striking handicapped and inserting disabled; and

(ii)

by striking handicaps and inserting disabilities;

(C)

in paragraph (3), by striking jobless, the hungry, and low-income and inserting unemployed, the hungry, and low-income;

(D)

in paragraph (4), by striking prevention, education, and inserting through prevention, education, rehabilitation, and treatment,;

(E)

in paragraph (5), by inserting , mental illness, after including;

(F)

in paragraph (6), by striking ; and and inserting a semicolon;

(G)

in paragraph (7), by striking the period and inserting a semicolon; and

(H)

by adding at the end the following new paragraphs:

(8)

in the re-entry and re-integration of formerly incarcerated youth and adults into society, including life skills training, employment training, counseling, educational training, and educational counseling;

(9)

in developing and carrying out financial literacy, financial planning, budgeting, savings, and reputable credit accessibility programs in low-income communities, including those programs which educate on financing home ownership and higher education;

(10)

in initiating and supporting before-school and after-school programs servicing children in low-income communities that may engage participants in mentoring relationships, tutoring, life skills, or study skills programs, service-learning, physical, nutrition, and health education programs, including programs aimed at fighting childhood obesity, and other activities addressing the needs of the community’s children;

(11)

in establishing and supporting community economic development initiatives, including micro-enterprises, with a priority on such programs in rural areas and other areas where such programs are needed most;

(12)

in assisting veterans and their families through establishing or augmenting programs which assist such persons with access to legal assistance, health care (including mental health), employment counseling or training, education counseling or training, affordable housing, and other support services; and

(13)

in addressing the health and wellness of low-income and underserved communities, including programs to increase access to preventive services, insurance, and health care.

;

(2)

in subsection (b)—

(A)

in paragraph (1), by striking recruitment and placement procedures and inserting placement procedures that involve sponsoring organizations and;

(B)

in paragraph (2)—

(i)

in subparagraph (A)—

(I)

by striking related to the recruitment and and inserting related to the;

(II)

by striking in conjunction with recruitment and and inserting in conjunction with the; and

(III)

by striking 1993. Upon and all that follows through the period at the end and inserting 1993.;

(ii)

in subparagraph (B), by striking central information system that shall, on request, promptly provide and inserting database that provides; and

(iii)

in subparagraph (C)—

(I)

by striking timely and effective and inserting timely and cost-effective; and

(II)

by striking the recruitment of volunteers and inserting recruitment and management of volunteers; and

(C)

in paragraph (3), by adding at the end the following:

The Director shall give priority to—

(A)

disadvantaged youth (as defined in section 101 of the National and Community Service Act of 1990) and low-income adults; and

(B)

retired adults of any profession, but with an emphasis on those professions whose services and training are most needed in a community, such as the health care professions, teaching, counseling, and engineering and other professions requiring a high level of technical and project management skills, to utilize their experience, including professional skills, in the VISTA program.

;

(D)

in paragraph (5)(B), by striking information system and inserting database;

(3)

in subsection (c)—

(A)

in paragraph (1)—

(i)

in the matter preceding subparagraph (A), by striking personnel described in subsection (b)(2)(C) and inserting personnel described in subsection (b)(2)(C) and sponsoring organizations;

(ii)

in subparagraph (A), by inserting the Internet and related technologies, after television,;

(iii)

in subparagraph (B), by inserting Internet and related technologies, after through the;

(iv)

in subparagraph (C), by inserting after senior citizens organizations, the following: offices of economic development, State employment security agencies, employment offices,;

(v)

in subparagraph (F), by striking National and Community Service Trust Act of 1993 and inserting National and Community Service Act of 1990; and

(vi)

in subparagraph (G), by striking , on request,;

(B)

in paragraph (3), by striking this subsection and inserting this subsection and related public awareness and recruitment activities under the national service laws; and

(C)

in paragraph (4)—

(i)

by striking Beginning and all that follows through for the purpose and inserting For the purpose; and

(ii)

by striking 1.5 percent and inserting 2 percent;

(4)

by amending the second sentence of subsection (d) to read as follows: Whenever feasible, such efforts shall be coordinated with an appropriate local workforce investment board established under section 117 of the Workforce Investment Act of 1998.;

(5)

in subsection (g) by striking and has been submitted to the Governor and all that follows and inserting a period; and

(6)

by adding at the end the following:

(i)

The Director may enter into agreements under which public and private nonprofit organizations, with sufficient financial capacity and size, pay for all or a portion of the costs of supporting the service of volunteers under this title, consistent with the provisions of section 186 of the National and Community Service Act of 1990.

.

2104.

VISTA programs of national significance

Part A of title I is amended by inserting after section 103 (42 U.S.C. 4953) the following:

103A.

VISTA programs of national significance

(a)

In general

With not less than one-third of the funds made available under subsection (d) in each fiscal year, the Director shall make grants for VISTA positions to support programs of national significance. Each program for which a grant is received under this subsection shall be carried out in accordance with the requirements applicable to that program.

(b)

Activities supported

The Director shall make grants under subsection (a) to support one or more of the following programs to address problems that concern low-income and rural communities in the Nation:

(1)

In the re-entry and re-integration of formerly incarcerated youth and adults into society, including life skills training, employment training, counseling, educational training, and educational counseling.

(2)

In developing and carrying-out financial literacy, financial planning, budgeting, savings, and reputable credit accessibility programs in low-income communities, including those programs which educate on financing home ownership and higher education.

(3)

In initiating and supporting before-school and after-school programs in low-income communities that may include such activities as establishing mentoring relationships, physical education, tutoring, instruction in 21st century thinking skills, life skills, and study skills, community service, service-learning, nutrition and health education, and other activities aimed at keeping children, safe, educated, and healthy, which serve the children in such community.

(4)

In establishing and supporting community economic development initiatives, including micro-enterprises, with a priority on such programs in rural areas and areas where such programs are needed most.

(5)

In assisting veterans and their families through establishing or augmenting programs which assist such persons with access to legal assistance, health care (including mental health), employment counseling or training, education counseling or training, affordable housing, and other support services.

(6)

In addressing the health and wellness of low-income and underserved communities across our Nation, including programs to fight childhood obesity through nutrition, physical fitness, and other associated life skills education programs and programs to increase access to preventive services, insurance, and health care.

(c)

Requirements

(1)

Eligibility

In order to receive a grant under subsection (a), an applicant shall submit an application to the Director at such time and in such manner as the Director requires and receive approval of the application. Such application shall, at a minimum, demonstrate to the Director a level of expertise in carrying out such a program.

(2)

Supplement not supplant

Funds made available under subsection (d) shall be used to supplement and not supplant the number of VISTA volunteers engaged in programs addressing the problem for which such funds are awarded unless such sums are an extension of funds previously provided under this title.

(d)

Funding

(1)

In general

From the amounts appropriate under section 501 for each fiscal year there shall be available to the Director such sums as may be necessary to make grants under subsection (a).

(2)

Limitation

No funds shall be made available to the Director to make grants under subsection (a) unless the amounts appropriated under section 501 available for such fiscal year to carry out part A are sufficient to maintain the number of projects and volunteers funded under part A in the preceding fiscal year.

(e)

Information

The Director shall widely disseminate information on grants that may be made under this section, including through volunteer recruitment programs being carried out by public or private non-profit organizations.

.

2105.

Terms and periods of service

Section 104(d) (42 U.S.C. 4954(d)) is amended—

(1)

in the first sentence, by striking with the terms and conditions of their service. and inserting with the terms and conditions of their service or any adverse action, such as termination, proposed by the sponsoring organization. The procedure shall provide for an appeal to the Director of any proposed termination.; and

(2)

in the third sentence (as amended by this section), by striking and the terms and conditions of their service.

2106.

Support Service

Section 105(a)(1)(B) (42 U.S.C. 4955(a)(1)(B)) is amended by striking Such stipend and all that follows through in the case of persons and inserting Such stipend shall be set at a minimum of $125 per month and a maximum of $150 per month, subject to the availability of funds to accomplish such a maximum. The Director may provide a stipend of $250 per month in the case of persons.

2107.

Sections repealed

The following provisions are repealed:

(1)

VISTA literacy corps

Section 109 (42 U.S.C. 4959).

(2)

University year for VISTA

Part B of title I (42 U.S.C. 4971 et seq.).

(3)

Literacy challenge grants

Section 124 (42 U.S.C. 4995).

2108.

Conforming amendment

Section 121 (42 U.S.C. 4991) is amended in the second sentence by striking situations and inserting organizations.

2109.

Financial assistance

Section 123 (42 U.S.C. 4993) is amended—

(1)

in the section heading by striking TECHNICAL AND; and

(2)

by striking technical and.

B

Amendments to Title II (National Senior Volunteer Corps)

2201.

Change in name

Title II (42 U.S.C. 5000 et seq.) is amended in the title heading by striking NATIONAL SENIOR VOLUNTEER CORPS and inserting NATIONAL SENIOR SERVICE CORPS.

2202.

Purpose

Section 200 (42 U.S.C. 5000) is amended to read as follows:

200.

Statement of purpose

It is the purpose of this title to provide—

(1)

opportunities for senior service to meet unmet local, State, and national needs in the areas of education, public safety, emergency and disaster preparedness, relief, and recovery, health and human needs, and the environment;

(2)

for the National Senior Service Corps, comprised of the Retired and Senior Volunteer Program, the Foster Grandparent Program, and the Senior Companion Program, and demonstration and other programs to empower people 55 years of age or older to contribute to their communities through service, enhance the lives of those who serve and those whom they serve, and provide communities with valuable services;

(3)

opportunities for people 55 years of age or older, through the Retired and Senior Volunteer Program, to share their knowledge, experiences, abilities, and skills for the betterment of their communities and themselves;

(4)

opportunities for low-income people 55 years of age or older, through the Foster Grandparents Program, to have a positive impact on the lives of children in need;

(5)

opportunities for low-income people 55 years of age or older, through the Senior Companion Program, to provide critical support services and companionship to adults at risk of institutionalization and who are struggling to maintain a dignified independent life; and

(6)

for research, training, demonstration, and other program activities to increase and improve opportunities for people 55 years of age or older to meet unmet needs, including those related to public safety, public health, and emergency and disaster preparedness, relief, and recovery, in their communities.

.

2203.

Grants and contracts for volunteer service projects

Section 201 (42 U.S.C. 5001) is amended—

(1)

in subsection (a)—

(A)

in the matter preceding paragraph (1), by striking avail themselves of opportunities for volunteer service in their community and inserting share their experiences, abilities, and skills for the betterment of their communities and themselves through service;

(B)

in paragraph (2), by striking , and individuals 60 years of age or older will be given priority for enrollment,;

(C)

in paragraph (3), by inserting either prior to or during the volunteer service after may be necessary; and

(D)

by striking paragraph (4) and inserting the following:

(4)

the project is being designed and implemented with the advice of experts in the field of service to be delivered as well as with those who have expertise in the recruitment and management of volunteers, particularly those of the Baby Boom generation.

;

(2)

by amending subsection (c) to read as follows:

(c)

The Director shall give priority to projects—

(1)

utilizing retired scientists, technicians, engineers, and mathematicians (the STEM professionals) to improve Science, Technology, Engineering, and Mathematics (STEM) education through activities such as assisting teachers in classroom demonstrations or laboratory experiences, running after-school, weekend, or summer programs designed to engage disadvantaged youth (as defined in section 101 of the National and Community Service Act of 1990) or low-income, minority youth in the STEM fields and to improve mastery of the STEM content, providing field trips to businesses, institutions of higher education, museums, and other locations where the STEM professions are practiced or illuminated;

(2)

utilizing retired health care professionals to improve the health and wellness of low income or rural communities;

(3)

utilizing retired criminal justice professionals for programs designed to prevent disadvantaged youth (as defined in section 101 of the National and Community Service Act of 1990) from joining gangs or committing crimes;

(4)

utilizing retired military and emergency professionals for programs to improve public safety, emergency and disaster preparedness, relief, and recovery, search and rescue, and homeland security efforts; and

(5)

utilizing retired computer science professionals, technicians of related technologies, business professionals, and others with relevant knowledge to increase, for low income individuals and families, access to and obtaining the benefits from computers and other existing and emerging technologies.

; and

(3)

by adding at the end the following:

(e)

Competitive grant awards required

(1)

In general

Effective for fiscal year 2013 and each fiscal year thereafter, each grant or contract awarded under this section in such a year shall be—

(A)

awarded for a period of 3 years; and

(B)

awarded through a competitive process.

(2)

Elements of competitive process

The competitive process required by paragraph (1)(B)—

(A)

shall include the use of a peer review panel, including members with expertise in senior service and aging;

(B)

shall ensure that—

(i)

the resulting grants (or contracts) support no less than the volunteer service years of the previous grant (or contract) cycle in a given geographic service area;

(ii)

the resulting grants (or contracts) maintain a similar program distribution; and

(iii)

every effort is made to minimize the disruption to volunteers; and

(C)

shall include the performance measures, outcomes, and other criteria established under subsection (f).

(3)

Establishment of competitive process

The Corporation shall establish and make available the competitive process required by paragraph (1)(B) no later than 18 months after the date of the enactment of this subsection. The Corporation shall consult with the program directors of the Retired Senior Volunteer Program during development and implementation of the competitive process.

(f)

Evaluation process required

(1)

In general

Notwithstanding section 412, and effective beginning 180 days after the date of the enactment of this subsection, each grant or contract under this section that expires in fiscal year 2011, 2012, and 2013 shall be subject to an evaluation process. The evaluation process shall be carried out, to the maximum extent practicable, in fiscal year 2010, 2011, and 2012, respectively.

(2)

Elements of evaluation process

The evaluation process required by paragraph (1)—

(A)

shall include performance measures, outcomes, and other criteria; and

(B)

shall evaluate the extent to which the recipient of the grant or contract meets or exceeds such performance measures, outcomes, and other criteria.

(3)

Establishment of evaluation process

The Corporation shall, in collaboration and consultation with program directors of the Retired Senior Volunteer Program, establish and make available the evaluation process required by paragraph (1), including the performance measures, outcomes, and other criteria required by paragraph (2)(A), with particular attention to the different needs of rural and urban programs. The processes shall be established and made available, including notification of the available training and technical assistance, no later than 180 days after the date of the enactment of this subsection.

(4)

Effect of failing to meet performance measures

If the evaluation process determines that the recipient has failed to meet or exceed the performance measures, outcomes, and other criteria established under this subsection, the grant or contract shall not be renewed. Any successor grant or contract shall be awarded through the competitive process described in subsection (e)(1).

(5)

Special rule

The Corporation may continue to fund a program which has failed to meet or exceed the performance measures, outcomes, and other criteria established under this subsection for up to 12 months if competition does not result in a successor grant or contract for such program, in order to minimize the disruption to volunteers and disruption of services. In such a case, outreach shall be conducted and a new competition shall be established. The previous recipient shall remain eligible for the new competition.

(6)

Performance measures

(A)

In general

The performance measures, outcomes, and other criteria established under this subsection may be updated or modified as necessary, in consultation with program directors for the Retired Senior Volunteer Program, but no earlier than fiscal year 2014.

(B)

Operational problems

Effective for fiscal years before fiscal year 2014, the Corporation may, after consulting with program directors of the Retired Senior Volunteer Program, determine that a performance measure, outcome, or criterion established under this subsection is operationally problematic, and may, in consultation with program directors of the Retired Senior Volunteer Program and after notifying the appropriate committees of Congress—

(i)

eliminate the use of that performance measure, outcome, or criterion; or

(ii)

modify that performance measure, outcome, or criterion as necessary to render it no longer operationally problematic.

(g)

Online resource guide

The Corporation shall develop and disseminate an online resource guide for the Retired Senior Volunteer Program within 180 days after the date of the enactment of this subsection, which shall include, but not be limited to—

(1)

examples of high performing programs;

(2)

corrective actions for underperforming programs; and

(3)

examples of meaningful outcome-based performance measures that capture a program’s mission and priorities.

(h)

Report to congress

Not later than September 30, 2013, the Corporation shall submit to the appropriate committees of Congress a report on—

(1)

the number of programs that did not meet or exceed the established performance measures, outcomes, and other criteria established under subsection (f);

(2)

the number of new grants awarded;

(3)

the challenges to the implementation of evaluation and competition, including but not limited to geographic distribution and the minimization of disruption to volunteers; and

(4)

how the current program geographic distribution affects recruitment for the Retired Senior Volunteer Program.

.

2204.

Foster Grandparent Program grants

Section 211 (42 U.S.C. 5011) is amended—

(1)

in subsection (a)—

(A)

by striking low-income persons aged sixty or over and inserting low-income and other persons aged 55 or over; and

(B)

by striking children having exceptional needs and inserting children having special or exceptional needs or with conditions or circumstances identified as limiting their academic, social, or emotional development;

(2)

in subsection (b)—

(A)

in paragraph (1)—

(i)

in the matter preceding subparagraph (A), by striking shall have the exclusive authority to determine, pursuant to the provisions of paragraph (2) of this subsection— and inserting may determine—;

(ii)

in subparagraph (A), by striking and;

(iii)

in subparagraph (B), by striking the period and inserting ; and; and

(iv)

by adding after subparagraph (B) the following:

(C)

whether it is in the best interests of a child receiving, and of a particular foster grandparent providing, services in such a project, to continue such relationship after the child reaches the age of 21, if such child was receiving such services prior to attaining the age of 21.

;

(B)

by striking paragraph (2);

(C)

by redesignating paragraph (3) as paragraph (2);

(D)

in paragraph (2) (as redesignated by this section), by striking paragraphs (1) and (2) and inserting paragraph (1); and

(E)

by adding after paragraph (2) (as redesignated by this section) the following:

(3)

If an assignment of a foster grandparent is suspended or discontinued, the replacement of that foster grandparent shall be determined through the mutual agreement of all parties involved in the provision of services to the child.

;

(3)

in subsection (d), in the second sentence, by striking Any stipend and all that follows through inflation, and inserting Any stipend or allowance provided under this part shall not exceed 75 percent of the minimum wage under section 6 the Fair Labor Standards Act of 1938 (29 U.S.C. 206), and the Federal share shall not be less than $2.65 per hour, provided that the Director shall adjust the Federal share once prior to December 31, 2012, to account for inflation,;

(4)

in subsection (e)—

(A)

in paragraph (1), by striking 125 and inserting 200; and

(B)

in paragraph (2), by striking , as so adjusted and all that follows through local situations;

(5)

by striking subsection (f) and inserting:

(f)
(1)

Subject to the restrictions in paragraph (3), individuals who are not low-income persons may serve as volunteers under this part. The regulations issued by the Director to carry out this part (other than regulations relating to stipends or allowances to individuals authorized by subsection (d)) shall apply to all volunteers under this part, without regard to whether such volunteers are eligible to receive a stipend or allowance under subsection (d).

(2)

Except as provided under paragraph (1), each recipient of a grant or contract to carry out a project under this part shall give equal treatment to all volunteers who participate in such project, without regard to whether such volunteers are eligible to receive a stipend or allowance under subsection (d).

(3)

An individual who is not a low-income person may not become a volunteer under this part if allowing that individual to become a volunteer under this part would prevent a low-income person from becoming a volunteer under this part or would displace a low-income person from being a volunteer under this part.

; and

(6)

by adding at the end the following new subsections:

(g)

The Director may also provide a stipend or allowance in an amount not to exceed 10 percent more than the amount established under subsection (d) to leaders who, on the basis of past experience as volunteers, special skills, and demonstrated leadership abilities, may coordinate activities, including training, and otherwise support the service of volunteers under this part.

(h)

The program may accept up to 15 percent of volunteers serving in a project under this part for a fiscal year who do not meet the definition of low-income under subsection (e), upon certification by the recipient of a grant or contract that it is unable to effectively recruit and place low-income volunteers in the number of placements approved for the project.

.

2205.

Senior Companion Program grants

Section 213 (42 U.S.C. 5013) is amended—

(1)

in subsection (a), by striking low-income persons aged 60 or over and inserting low-income and other persons aged 55 or over;

(2)

in subsection (b), by striking Subsections (d), (e), and (f) and inserting Subsections (d) through (h); and

(3)

by striking subsection (c)(2)(B) and inserting the following:

(B)

Senior companion volunteer trainers and leaders may receive a stipend or allowance consistent with subsection (g) authorized under subsection (d) of section 211, as approved by the Director.

.

2206.

Promotion of National Senior Service Corps

Section 221 (42 U.S.C. 5021) is amended—

(1)

in the section heading, by striking volunteer and inserting service; and

(2)

in subsection (b)(2), by inserting of all ages and backgrounds living in rural, suburban, and urban localities after greater participation of volunteers.

2207.

Technical amendments

(a)

Change in Age Eligibility

Section 223 (42 U.S.C. 5023) is amended by striking sixty years and older from minority groups and inserting 55 years and older from minority and underserved populations.

(b)

Name Change

Section 224 (42 U.S.C. 5024) is amended in the heading by striking volunteer and inserting service.

2208.

Programs of national significance

Section 225 (42 U.S.C. 5025) is amended—

(1)

in subsection (a)—

(A)

by amending paragraph (2) to read as follows:

(2)

Applicants for grants under paragraph (1) shall determine which program under part A, B, or C the program shall be carried out and submit an application as required for programs under part A, B, or C.

; and

(B)

by adding at the end the following:

(4)

To the maximum extent practicable, the Director shall ensure that at least 25 percent of the grants under this subsection are made to applicants not receiving assistance from the Corporation at the time of such grant and, when possible, from locations where no programs under part A, B, or C are in effect at the time of such grant. In a fiscal year where less than 25 percent of the applicants are applicants not receiving such assistance, the Director may make more than 75 percent of such grants to applicants receiving such assistance.

;

(2)

in subsection (b)—

(A)

in paragraph (1), by inserting before the period at the end the following: or Alzheimer’s disease, with an intent of allowing those served to age in place;

(B)

in paragraph (2), by inserting before the period at the end the following: through education, prevention, treatment, and rehabilitation;

(C)

in paragraph (3), by inserting before the period at the end the following: , including programs that teach parenting skills, life skills, and family management skills;

(D)

by amending paragraph (4) to read as follows:

(4)

Programs that establish and support mentoring programs for disadvantaged youth (as defined in section 101 of the National and Community Service Act of 1990), including those mentoring programs that match youth with volunteer mentors leading to apprenticeship programs and employment training.

;

(E)

in paragraph (5), by inserting before the period at the end the following: , including those programs that serve youth and adults with limited English proficiency;

(F)

in paragraph (6), by striking and and all that follows through the period and insert and for individuals and children with disabilities or chronic illnesses living at home.;

(G)

in paragraph (7), by striking after-school activities and all that follows through the period at the end and inserting after-school programs serving children in low-income communities that may engage participants in mentoring relationships, tutoring, life skills or study skills programs, service-learning, physical, nutrition, and health education programs, including programs aimed at fighting childhood obesity, and other activities addressing the needs of the community’s children, including those of working parents.;

(H)

by striking paragraphs (8), (9), (12), (13), (14), (15), (16), and (18);

(I)

by redesignating paragraphs (10) and (11) as paragraphs (8) and (9), respectively;

(J)

by inserting after paragraph (9) (as so redesignated) the following:

(10)

Programs that engage older adults with children and youth to complete service in energy conservation, environmental stewardship, or other environmental needs of a community, including conducting energy audits, insulating homes, or conducting other activities to promote energy efficiency.

(11)

Programs that collaborate with criminal justice professionals and organizations in prevention programs aimed at disadvantaged youth (as defined in section 101 of the National and Community Service Act of 1990) or youth re-entering society after incarceration and their families, which may include mentoring and counseling, which many include employment counseling.

;

(K)

by redesignating paragraph (17) as paragraph (12); and

(L)

by adding at the end the following:

(13)

Programs that strengthen community efforts in support of homeland security.

;

(3)

in subsection (c)(1), by striking shall demonstrate to the Director and all that follows through the period at the end and inserting shall demonstrate to the Director a level of expertise in carrying out such a program.; and

(4)

in subsection (e)—

(A)

by inserting widely before disseminate; and

(B)

by striking to field personnel and all that follows through the period at the end and inserting , including through volunteer recruitment programs being carried out by public or private non-profit organizations..

2209.

Additional provisions

Part D of title II (42 U.S.C. 5000 et seq.) is amended by adding after section 227 the following:

228.

Continuity of service

To ensure the continued service of individuals in communities served by the Retired and Senior Volunteer Program prior to enactment of this section, in making grants under this title the Corporation shall take actions it considers necessary to maintain service assignments for such seniors and to ensure continuity of service for communities.

229.

Acceptance of donations

(a)

In general

Except as provided in subsection (b), a program receiving assistance under this title may accept donations, including donations in cash or in kind.

(b)

Exception

Notwithstanding subsection (a), a program receiving assistance under this title shall not accept donations from the beneficiaries of the program.

.

2210.

Authority of Director

Section 231 (42 U.S.C. 5028) is amended—

(1)

by amending subsection (a) to read as follows:

(a)

In general

(1)

Activities authorized

The Director is authorized to—

(A)

make grants to or enter into contracts with public or nonprofit organizations, including organizations funded under part A, B, or C, for the purposes of demonstrating innovative activities involving older Americans as volunteers; and

(B)

make incentive grants under subsection (d).

(2)

Support of volunteers

The Director may support under this part both volunteers receiving stipends and volunteers not receiving stipends.

;

(2)

in subsection (b)—

(A)

in the matter preceding paragraph (1), by striking subsection (a) and inserting subsection (a)(1)(A);

(B)

in paragraph (1), by striking activities; and inserting activities described in section 225(b) and carried out through programs described in parts A, B, and C;; and

(C)

by striking paragraphs (2) and (3) and inserting the following:

(2)

programs that support older Americans in aging in place while augmenting the capacity of members of a community to serve each other through reciprocal service centers, service credit banking, community economic scripts, barter services, timebanking, and other similar programs where services are exchanged and not paid for; or

(3)

grants to non-profit organizations to establish sites or programs to—

(A)

assist retiring or retired individuals in locating opportunities for—

(i)

public service roles, including through paid or volunteer service;

(ii)

participating in life-planning programs, including financial planning and issues revolving around health and wellness; and

(iii)

continuing education, including leadership development, health and wellness, and technological literacy; and

(B)

connect retiring or retired individuals with members of the community to serve as leaders and mentors in life planning, relationships, employment counseling, education counseling, and other areas of expertise as developed by the retiring or retired adults.

; and

(3)

by adding at the end the following:

(c)

Priority

For purposes of subsection (b)(2), priority shall be given to—

(1)

programs with established experience in carrying out such a program and engaging the entire community in service exchange;

(2)

programs with the capacity to connect to similar programs throughout a city or region to augment the available services to older Americans and for members of the community to serve each other;

(3)

programs seeking to establish in an area where needs of older Americans are left unmet and older Americans are unable to consider aging in place without such service exchange in place; and

(4)

programs that integrate participants in or collaborate with service-learning programs, AmeriCorps State and National programs, the VISTA program, the Retired and Senior Volunteer Program, Foster Grandparents program, and the Senior Companion programs, and programs described in section 411 of the Older Americans Act of 1965 (42 U.S.C. 3032).

(d)

Incentive grants

The incentive grants referred to in subsection (a)(1)(B) are incentive grants to programs receiving assistance under this title, subject to the following:

(1)

Such grants (which may be fixed-amount grants) shall be grants in an amount equal to $300 per volunteer enrolled in the program, except that such amount shall be reduced as necessary to meet the goals of this section.

(2)

Such a grant shall be awarded to a program only if the program—

(A)

exceeds performance measures established under section 179 of the National and Community Service Act of 1990;

(B)

provides non-Federal matching funds in an amount that is not less than 50 percent of the amount received by the program under this title;

(C)

enrolls more than 50 percent of the volunteers in outcome-based service programs with measurable objectives meeting community needs, as determined by the Corporation; and

(D)

enrolls more volunteers from among members of the Baby Boom generation, as defined in section 101 of the National and Community Service Act of 1990, than were enrolled in the program during the previous fiscal year.

(3)

For each such grant, the Corporation shall require the recipient to provide matching funds of 70 cents from non-Federal sources for every $1 provided under the grant.

(4)

Such a grant shall be awarded to a program only if the program submits, at such time and in such manner as the Corporation may reasonably require, an application that contains—

(A)

a demonstration that the program has met the requirements of paragraph (2);

(B)

if applicable, a plan for innovative programs as described in paragraph (6)(B)(ii);

(C)

a sustainability plan that describes how the program will maintain the activities described in paragraph (6) when the grant terminates; and

(D)

other information that the Corporation may require.

(5)

Such grants shall be awarded for a period of 3 years, except that the grant shall be reviewed by the Corporation at the end of the first and second fiscal years and revoked if the Corporation finds that the program has failed to continue to meet the requirements of paragraph (2) for those fiscal years.

(6)

Such grants—

(A)

shall be used to increase the number of volunteers in outcome-based service with measurable objectives meeting community needs as determined by the Corporation; and

(B)

may be used—

(i)

for activities for which the program is authorized to receive assistance under this title; and

(ii)

for innovative programs focused on the Baby Boom generation, as defined in section 101 of the National and Community Service Act of 1990, that have been accepted by the Corporation through the application process in paragraph (4) and are outcome-based programs with measurable objectives meeting community needs as determined by the Corporation.

(7)

The Director shall, in making such grants, give high priority to programs receiving assistance under section 201.

.

C

Amendments to Title IV (Administration and Coordination)

2301.

Nondisplacement

Section 404(a) (42 U.S.C. 5044(a)) is amended by striking displacement of employed workers and inserting displacement of employed workers or volunteers (other than participants under the national service laws).

2302.

Notice and hearing procedures

Section 412(a) (42 U.S.C. 5052(a)) is amended—

(1)

in paragraph (2)—

(A)

by striking 75 and inserting 60; and

(B)

by adding and at the end;

(2)

by striking paragraph (3); and

(3)

by redesignating paragraph (4) as paragraph (3).

2303.

Definitions

Section 421 (42 U.S.C. 5061) is amended—

(1)

in paragraph (2), by inserting , the Commonwealth of the Northern Mariana Islands after American Samoa;

(2)

in paragraph (13), by striking National Senior Volunteer Corps and inserting National Senior Service Corps; and

(3)

in paragraph (14)—

(A)

by striking National Senior Volunteer Corps and inserting National Senior Service Corps; and

(B)

by striking parts A, B, C, and E of;

2304.

Protection against improper use

Section 425 (42 U.S.C. 5065) is amended by striking National Senior Volunteer Corps and inserting National Senior Service Corps.

D

Amendments to Title V (Authorization of Appropriations)

2401.

Authorization of appropriations for VISTA and other purposes

Section 501 (42 U.S.C. 5081) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by striking , excluding section 109 and all that follows and inserting $100,000,000 for fiscal year 2010 and such sums as may be necessary for each of fiscal years 2011 through 2014.;

(B)

by striking paragraphs (2) and (4) and redesignating paragraphs (3) and (5) as paragraphs (2) and (3); and

(C)

in paragraph (2) (as redesignated by this section), by striking , excluding section 125 and all that follows and inserting such sums as may be necessary for each of fiscal years 2010 through 2014.; and

(2)

by striking subsection (e).

2402.

Authorization of appropriations for National Senior Service Corps

Section 502 (42 U.S.C. 5082) is amended to read as follows:

502.

National Senior Service Corps

(a)

Retired and Senior Volunteer Program

There are authorized to be appropriated to carry out part A of title II, $70,000,000 for fiscal year 2010 and such sums as may be necessary for each of fiscal years 2011 through 2014.

(b)

Foster Grandparent Program

There are authorized to be appropriated to carry out part B of title II, $115,000,000 for fiscal year 2010 and such sums as may be necessary for each of fiscal years 2011 through 2014.

(c)

Senior Companion Program

There are authorized to be appropriated to carry out part C of title II, $55,000,000 for fiscal year 2010 and such sums as may be necessary for each of fiscal years 2011 through 2014.

(d)

Demonstration Programs

There are authorized to be appropriated to carry out part E of title II such sums as may be necessary for each of fiscal years 2011 through 2014.

.

III

AMENDMENTS TO OTHER LAWS

3101.

Inspector General Act of 1978

Section 8F(a)(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking National and Community Service Trust Act of 1993 and inserting National and Community Service Act of 1990.

IV

TECHNICAL AMENDMENTS TO TABLES OF CONTENTS

4101.

Table of contents for the National and Community Service Act of 1990

Section 1(b) of the National and Community Service Act of 1990 (42 U.S.C. 12501 note) is amended to read as follows:

(b)

Table of Contents

The table of contents for this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Findings and purpose.

Sec. 3. Sense of Congress.

TITLE I—NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Subtitle A—General Provisions

Sec. 101. Definitions.

Sec. 102. Authority to make State grants.

Subtitle B—School-Based and Community-Based Service-Learning Programs

Part I—Programs For Elementary and Secondary Students

Sec. 111. Assistance to States, Territories, and Indian tribes.

Sec. 112. Allotments.

Sec. 113. Applications.

Sec. 114. Consideration of applications.

Sec. 115. Participation of students and teachers from private schools.

Sec. 116. Federal, State, and local contributions.

Sec. 117. Limitation on uses of funds.

Part II—Higher Education Provisions and Campuses of Service

Sec. 118. Higher education innovative programs for community service.

Sec. 119. Campuses of Service.

Part III—Innovative Demonstration Service-Learning Programs and Research

Sec. 120. Innovative demonstration service-learning programs and research.

Subtitle C—National Service Trust Program

Part I—Investment in National Service

Sec. 121. Authority to provide assistance and approved national service positions.

Sec. 122. National service programs eligible for program assistance.

Sec. 123. Types of national service positions eligible for approval for national service educational awards.

Sec. 124. Types of program assistance.

Sec. 125. [Repealed]

Sec. 126. Other special assistance.

Part II—Application and Approval Process

Sec. 129. Provision of assistance and approved national service positions.

Sec. 129A. Education awards only program.

Sec. 130. Application for assistance and approved national service positions.

Sec. 131. National service program assistance requirements.

Sec. 132. Ineligible service categories.

Sec. 133. Consideration of applications.

Part III—National Service Participants

Sec. 137. Description of participants.

Sec. 138. Selection of national service participants.

Sec. 139. Terms of service.

Sec. 140. Living allowances for national service participants.

Sec. 141. National service educational awards.

Subtitle D—National Service Trust and Provision of National Service Educational Awards

Sec. 145. Establishment of the National Service Trust.

Sec. 146. Individuals eligible to receive a national service educational award from the Trust.

Sec. 147. Determination of the amount of the national service educational award.

Sec. 148. Disbursement of national service educational awards.

Sec. 149. Process of approval of national service positions.

Subtitle E—National Civilian Community Corps

Sec. 151. Purpose.

Sec. 152. Establishment of National Civilian Community Corps program.

Sec. 153. National service program.

Sec. 154. Summer national service program.

Sec. 155. National Civilian Community Corps.

Sec. 156. Training.

Sec. 157. Service projects.

Sec. 158. Authorized benefits for Corps members.

Sec. 159. Administrative provisions.

Sec. 160. Status of Corps members and Corps personnel under Federal law.

Sec. 161. Contract and grant authority.

Sec. 162. Responsibilities of other departments.

Sec. 163. Advisory board.

Sec. 164. Evaluation.

Sec. 165. [Repealed]

Sec. 166. Definitions.

Subtitle F—Administrative Provisions

Sec. 171. Family and medical leave.

Sec. 172. Reports.

Sec. 173. Supplementation.

Sec. 174. Prohibition on use of funds.

Sec. 175. Nondiscrimination.

Sec. 176. Notice, hearing, and grievance procedures.

Sec. 177. Nonduplication and nondisplacement.

Sec. 178. State Commissions on National and Community Service.

Sec. 179. Evaluation.

Sec. 180. Engagement of participants.

Sec. 181. Contingent extension.

Sec. 182. Partnerships with schools.

Sec. 183. Rights of access, examination, and copying.

Sec. 184. Drug-free workplace requirements.

Sec. 185. Sustainability.

Sec. 186. Grant periods.

Sec. 187. Generation of volunteers.

Sec. 188. Limitation on program grant costs.

Sec. 189. Audits and reports.

Sec. 190. Criminal history checks.

Sec. 190A. Report on participant information.

Subtitle G—Corporation for National and Community Service

Sec. 191. Corporation for National and Community Service.

Sec. 192. Board of Directors.

Sec. 192A. Authorities and duties of the Board of Directors.

Sec. 193. Chief Executive Officer.

Sec. 193A. Authorities and duties of the Chief Executive Officer.

Sec. 194. Officers.

Sec. 195. Employees, consultants, and other personnel.

Sec. 196. Administration.

Sec. 196A. Corporation State offices.

Subtitle H—Investment for Quality and Innovation

Part I—Additional Corporation Activities to Support National Service

Sec. 198. Additional corporation activities to support national service.

Sec. 198A. Presidential awards for service.

Sec. 198B. ServeAmerica Fellowships.

Sec. 198C. Silver Scholarships and Encore Fellowships.

Part II—Innovative and Model Program Support

Sec. 198D. Innovative and model program support.

Part III—Social Innovation Fund

Sec. 198E. Social innovation fund.

Part IV—National Service Programs Clearinghouse

Sec. 198F. National service programs clearinghouse.

Subtitle I—American Conservation and Youth Corps

Sec. 199. Short title.

Sec. 199A. General authority.

Sec. 199B. Limitation on purchase of capital equipment.

Sec. 199C. State application.

Sec. 199D. Focus of programs.

Sec. 199E. Related programs.

Sec. 199F. Public lands or Indian lands.

Sec. 199G. Training and education services.

Sec. 199H. Preference for certain projects.

Sec. 199I. Age and citizenship criteria for enrollment.

Sec. 199J. Use of volunteers.

Sec. 199K. Living allowance.

Sec. 199L. Joint programs.

Sec. 199M. Federal and State employee status.

Subtitle J—Training and Technical Assistance

Sec. 199N. Training and technical assistance.

TITLE II—MODIFICATIONS OF EXISTING PROGRAMS

Subtitle A—Publication

Sec. 201. Information for students.

Sec. 202. Exit counseling for borrowers.

Sec. 203. Department information on deferments and cancellations.

Sec. 204. Data on deferments and cancellations.

Subtitle B—Youthbuild Projects

Sec. 211. Youthbuild projects.

Subtitle C—Amendments to Student Literacy Corps

Sec. 221. Amendments to Student Literacy Corps.

TITLE IV—PROJECTS HONORING VICTIMS OF TERRORIST ATTACKS

Sec. 401. Projects.

TITLE V—AUTHORIZATION OF APPROPRIATIONS

Sec. 501. Authorization of appropriations.

TITLE VI—MISCELLANEOUS PROVISIONS

Sec. 601. Amtrak waste disposal.

Sec. 602. Exchange program with countries in transition from totalitarianism to Democracy.

.

4102.

Table of contents amendments for the Domestic Volunteer Service Act

The table of contents in section 1(b) of the Domestic Volunteer Service Act of 1973 is amended as follows:

(1)

By inserting after the item relating to section 103 the following new item:

Sec. 103A. VISTA programs of national significance.

.

(2)

By striking the item relating to section 123 and inserting the following new item:

Sec. 123. Financial assistance.

.

(3)

By amending the item relating to title II to read as follows:

TITLE II—NATIONAL SENIOR SERVICE CORPS

.

(4)

By striking the item relating to section 224 and inserting the following new item:

Sec. 224. Use of locally generated contributions in National Senior Service Corps.

.

(5)

By inserting after the item relating to section 227 the following new items:

Sec. 228. Continuity of service.

Sec. 229. Acceptance of donations.

.

(6)

By striking the item relating to section 502 and inserting the following new item:

Sec. 502. National Senior Service Corps.

.

V

EFFECTIVE DATE

5101.

Effective date

Unless specifically provided otherwise, the amendments made by this Act shall take effect on the date of the enactment of this Act.

5102.

Service assignments and agreements

(a)

Service Assignments

Changes pursuant to this Act in the terms and conditions of terms of service and other service assignments under the national service laws (including the amount of the education award) shall apply only to individuals who enroll or otherwise begin service assignments after 90 days after the date of enactment of this Act, except when agreed upon by all interested parties.

(b)

Agreements

Changes pursuant to this Act in the terms and conditions of grants, contracts, or other agreements under the national service laws shall apply only to such agreements entered into after 90 days after the date of enactment of this Act, except when agreed upon by the parties to such agreements.

(c)

Exception

Subsections (a) and (b) do not apply to the amendments made by this Act to section 201 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5001). Any changes pursuant to those amendments apply as specified in those amendments.

VI

Congressional Commission on Civic Service

6101.

Short title

This title may be cited as the Congressional Commission on Civic Service Act.

6102.

Findings

Congress finds the following:

(1)

The social fabric of the United States is stronger if individuals in the United States are committed to protecting and serving our Nation by utilizing national service and volunteerism to overcome our civic challenges.

(2)

A more engaged civic society will strengthen the Nation by bringing together people from diverse backgrounds and experiences to work on solutions to some of our Nation’s major challenges.

(3)

Despite declines in civic health in the past 30 years, national service and volunteerism among the Nation’s youth are increasing, and existing national service and volunteer programs greatly enhance opportunities for youth to engage in civic activity.

(4)

In addition to the benefits received by nonprofit organizations and society as a whole, volunteering and national service provide a variety of personal benefits and satisfaction and can lead to new paths of civic engagement, responsibility, and upward mobility.

6103.

Establishment

There is established in the legislative branch a commission to be known as the Congressional Commission on Civic Service (in this title referred to as the Commission).

6104.

Duties

(a)

General Purpose

The purpose of the Commission is to gather and analyze information in order to make recommendations to Congress to—

(1)

improve the ability of individuals in the United States to serve others and, by doing so, to enhance our Nation and the global community;

(2)

train leaders in public service organizations to better utilize individuals committed to national service and volunteerism as they manage human and fiscal resources;

(3)

identify and offer solutions to the barriers that make it difficult for some individuals in the United States to volunteer or perform national service; and

(4)

build on the foundation of service and volunteer opportunities that are currently available.

(b)

Specific Topics

In carrying out its general purpose under subsection (a), the Commission shall address and analyze the following specific topics:

(1)

The level of understanding about the current Federal, State, and local volunteer programs and opportunities for service among individuals in the United States.

(2)

The issues that deter volunteerism and national service, particularly among young people, and how the identified issues can be overcome.

(3)

Whether there is an appropriate role for Federal, State, and local governments in overcoming the issues that deter volunteerism and national service and, if appropriate, how to expand the relationships and partnerships between different levels of government in promoting volunteerism and national service.

(4)

Whether existing databases are effective in matching community needs to would-be volunteers and service providers.

(5)

The effect on the Nation, on those who serve, and on the families of those who serve, if all individuals in the United States were expected to perform national service or were required to perform a certain amount of national service.

(6)

Whether a workable, fair, and reasonable mandatory service requirement for all able young people could be developed, and how such a requirement could be implemented in a manner that would strengthen the social fabric of the Nation and overcome civic challenges by bringing together people from diverse economic, ethnic, and educational backgrounds.

(7)

The need for a public service academy, a 4-year institution that offers a federally funded undergraduate education with a focus on training future public sector leaders.

(8)

The means to develop awareness of national service and volunteer opportunities at a young age by creating, expanding, and promoting service options for elementary and secondary school students, through service learning or other means, and by raising awareness of existing incentives.

(9)

The effectiveness of establishing a training program on college campuses to recruit and educate college students for national service.

(10)

The effect on United States diplomacy and foreign policy interests of expanding service opportunities abroad, such as the Peace Corps, and the degree of need and capacity abroad for an expansion.

(11)

The constraints that service providers, nonprofit organizations, and State and local agencies face in utilizing federally funded volunteer programs, and how these constraints can be overcome.

(12)

Whether current Federal volunteer programs are suited to address the special skills and needs of senior volunteers, and if not, how these programs can be improved such that the Federal Government can effectively promote service among the baby boomer generation.

(c)

Methodology

(1)

Public hearings

The Commission shall conduct public hearings in various locations around the United States.

(2)

Regular and frequent consultation

The Commission shall regularly and frequently consult with an advisory panel of Members of Congress appointed for such purpose by the Speaker of the House of Representatives and the majority leader of the Senate.

6105.

Membership

(a)

Number and appointment

(1)

In general

The Commission shall be composed of 8 members appointed as follows:

(A)

2 members appointed by the Speaker of the House of Representatives.

(B)

2 members appointed by the minority leader of the House of Representatives.

(C)

2 members appointed by the majority leader of the Senate.

(D)

2 members appointed by the minority leader of the Senate.

(2)

Qualifications

The members of the Commission shall consist of individuals who are of recognized standing and distinction in the areas of international public service, national public service, service-learning, local service, business, or academia.

(3)

Deadline for appointment

The members of the Commission shall be appointed not later than 90 days after the date of the enactment of this title.

(4)

Chairperson

The Chairperson of the Commission shall be designated by the Speaker of the House of Representatives at the time of the appointment.

(b)

Terms

(1)

In general

The members of the Commission shall serve for the life of the Commission.

(2)

Vacancies

A vacancy in the Commission shall not affect the power of the remaining members to execute the duties of the Commission but any such vacancy shall be filled in the same manner in which the original appointment was made.

(c)

Compensation

(1)

Rates of pay; travel expenses

Each member shall serve without pay, except that each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.

(2)

Prohibition of compensation of federal employees

Notwithstanding paragraph (1), any member of the Commission who is a full-time officer or employee of the United States may not receive additional pay, allowances, or benefits because of service on the Commission.

(d)

Meeting Requirements

(1)

Frequency

(A)

Quarterly meetings

The Commission shall meet at least quarterly.

(B)

Additional meetings

In addition to quarterly meetings, the Commission shall meet at the call of the Chairperson or a majority of its members.

(2)

Quorum

5 members of the Commission shall constitute a quorum but a lesser number may hold hearings.

(3)

Meeting by telephone or other appropriate technology

Members of the Commission are permitted to meet using telephones or other suitable telecommunications technologies provided that all members of the Commission can fully communicate with all other members simultaneously.

6106.

Director and Staff of Commission; Experts and Consultants

(a)

Director

(1)

Appointment

The Commission shall have a Director who shall be appointed by the Chairperson with the approval of the Commission.

(2)

Credentials

The Director shall have credentials related to international public service, national public service, service-learning, or local service.

(3)

Salary

The Director shall be paid at a rate determined by the Chairperson with the approval of the Commission, except that the rate may not exceed the rate of basic pay for GS–15 of the General Schedule.

(b)

Staff

With the approval of the Chairperson, the Director may appoint and fix the pay of additional qualified personnel as the Director considers appropriate.

(c)

Experts and Consultants

With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay for GS–15 of the General Schedule.

(d)

Staff of Federal Agencies

Upon request of the Commission, Chairperson, or Director, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this title.

6107.

Powers of Commission

(a)

Hearings and Sessions

The Commission may, for the purpose of carrying out this title, hold public hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate.

(b)

Powers of Members and Agents

Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section.

(c)

Obtaining Official Data

Upon request of the Chairperson, the head of any department or agency shall furnish information to the Commission that the Commission deems necessary to enable it to carry out this title.

(d)

Physical Facilities and Equipment

The Architect of the Capitol, in consultation with the appropriate entities in the legislative branch, shall locate and provide suitable facilities and equipment for the operation of the Commission on a nonreimbursable basis.

(e)

Administrative Support Services

Upon the request of the Commission, the Architect of the Capitol and the Administrator of General Services shall provide to the Commission on a nonreimbursable basis such administrative support services as the Commission may request in order for the Commission to carry out its responsibilities under this title.

6108.

Reports

(a)

Interim Report

The Commission shall submit an interim report on its activities to the appropriate committees of Congress not later than 20 months after the date of the enactment of this title.

(b)

Final Report

(1)

Deadline

The Commission shall submit a final report on its activities to the appropriate committees of Congress not later than 120 days after the submission of the interim report under subsection (a).

(2)

Contents

The final report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for proposed legislation.

6109.

Termination

The Commission shall terminate not later than 30 days after submitting its final report under section 6108(b)(1).

March 16, 2009

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed