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http://www.govtrack.us/congress/billtext.xpd?bill=h111-1388

TITLE I—AMENDMENTS TO NATIONAL AND COMMUNITY SERVICE ACT OF 1990
SEC. 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 amendment or repeal 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.).
Subtitle A—Amendments to Subtitle A (General Provisions)
SEC. 1101. 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) expand and strengthen service-learning programs through year-round opportunities, including opportunities 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 for children and youth throughout the United States;
‘(10) assist in coordinating and strengthening Federal and other service opportunities, including opportunities for participation in emergency and disaster preparedness, relief, and recovery;
‘(11) increase service opportunities for the Nation’s retiring professionals, including such opportunities for those retiring from the science, technical, engineering, and mathematics professions, to improve the education of the Nation’s youth and keep America competitive in the global knowledge economy, and to further utilize the experience, knowledge, and skills of older individuals;
‘(12) encourage the continued service of the alumni of the national service programs, including service in times of national need;
‘(13) encourage individuals age 55 or older to partake of service opportunities;
‘(14) focus national service on the areas of national need such service has the capacity to address, such as improving education, increasing energy conservation, improving the health status of economically disadvantaged individuals, and improving economic opportunity for economically disadvantaged individuals;
‘(15) recognize and increase the impact of social entrepreneurs and other nonprofit community organizations in addressing national and local challenges;
‘(16) increase public and private investment in nonprofit community organizations that are effectively addressing national and local challenges and encourage such organizations to replicate and expand successful initiatives;
‘(17) leverage Federal investments to increase State, local, business, and philanthropic resources to address national and local challenges;
‘(18) support institutions of higher education that engage students in community service activities and provide high-quality service-learning opportunities; and
‘(19) recognize the expertise veterans can offer to national service programs, expand the participation of the veterans in the national service programs, and assist the families of veterans and members of the Armed Forces on active duty.’.
SEC. 1102. DEFINITIONS.
(a) In General- Section 101 (42 U.S.C. 12511) is amended—
(1) in paragraph (3), by striking ‘described in section 122’;
(2) in paragraph (13), 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’;
(3) in paragraph (17)(B), by striking ‘program in which the participant is enrolled’ and inserting ‘organization receiving assistance under the national service laws through which the participant is engaging in service’;
(4) in paragraph (19)—
(A) by striking ‘section 111(a)’ and inserting ‘section 112(a)’;
(B) by striking ‘117A(a),’;
(C) by striking ‘119(b)(1), or 122(a),’ and inserting ‘118A, or 118(b)(1), or subsection (a), (b), or (c) of section 122,’;
(D) by inserting ‘section 198B, 198C, 198G, 198H, or 198K,’ after ‘section 152(b),’; and
(E) by striking ‘198, 198C, or 198D’ and inserting ‘179A, 198, 198O, 198P, or 199N’;
(5) in paragraph (21)(B)—
(A) by striking ‘602’ and inserting ‘602(3)’; and
(B) by striking ‘1401’ and inserting ‘1401(3)’;
(6) in paragraph (24), by striking ‘section 111’ and inserting ‘section 112’;
(7) in paragraph (26), by striking the second sentence; and
(8) by adding at the end the following:
‘(30) ALASKA NATIVE-SERVING INSTITUTION- The term ‘Alaska Native-serving institution’ has the meaning given the term in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)).
‘(31) APPROVED SILVER SCHOLAR POSITION- The term ‘approved silver scholar position’ means a position, in a program described in section 198C(a), for which the Corporation has approved the provision of a silver scholarship educational award as one of the benefits to be provided for successful service in the position.
‘(32) APPROVED SUMMER OF SERVICE POSITION- The term ‘approved summer of service position’ means a position, in a program described in section 119(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.
‘(33) ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC ISLANDER-SERVING INSTITUTION- The term ‘Asian American and Native American Pacific Islander-serving institution’ has the meaning given the term in section 320(b) of the Higher Education Act of 1965 (20 U.S.C. 1059g(b)).
‘(34) AUTHORIZING COMMITTEES- The term ‘authorizing committees’ means the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
‘(35) COMMUNITY-BASED ENTITY- The term ‘community-based entity’ 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.
‘(36) DISADVANTAGED YOUTH- The term ‘disadvantaged youth’ includes those youth who are economically disadvantaged and 1 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 secondary school without a diploma.
‘(F) Who are former juvenile offenders or at risk of delinquency.
‘(G) Who are individuals with disabilities.
‘(37) ENCORE SERVICE PROGRAM- The term ‘encore service program’ means a program, carried out by an eligible entity as described in subsection (a), (b), or (c) of section 122, that—
‘(A) involves a significant number of participants age 55 or older in the program; and
‘(B) takes advantage of the skills and experience that such participants offer in the design and implementation of the program.
‘(38) 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)).
‘(39) 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. 1061).
‘(40) 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)).
‘(41) NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTION- The term ‘Native American-serving, nontribal institution’ has the meaning given the term in section 319(b) of the Higher Education Act of 1965 (20 U.S.C. 1059f(b)).
‘(42) NATIVE HAWAIIAN-SERVING INSTITUTION- The term ‘Native Hawaiian-serving institution’ has the meaning given the term in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)).
‘(43) PREDOMINANTLY BLACK INSTITUTION- The term ‘Predominantly Black Institution’ has the meaning given the term in section 318 of the Higher Education Act of 1965 (20 U.S.C. 1059e).
‘(44) PRINCIPLES OF SCIENTIFIC RESEARCH- The term ‘principles of scientific research’ means principles of research that—
‘(A) apply rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to the subject matter involved;
‘(B) present findings and make claims that are appropriate to, and supported by, the methods that have been employed; and
‘(C) include, appropriate to the research being conducted—
‘(i) use of systematic, empirical methods that draw on observation or experiment;
‘(ii) use of data analyses that are adequate to support the general findings;
‘(iii) reliance on measurements or observational methods that provide reliable and generalizable findings;
‘(iv) strong claims of causal relationships, only with research designs that eliminate plausible competing explanations for observed results, such as, but not limited to, random-assignment experiments;
‘(v) presentation of studies and methods in sufficient detail and clarity to allow for replication or, at a minimum, to offer the opportunity to build systematically on the findings of the research;
‘(vi) acceptance by a peer-reviewed journal or critique by a panel of independent experts through a comparably rigorous, objective, and scientific review; and
‘(vii) consistency of findings across multiple studies or sites to support the generality of results and conclusions.
‘(45) 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.
‘(46) SCIENTIFICALLY VALID RESEARCH- The term ‘scientifically valid research’ includes applied research, basic research, and field-initiated research in which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific research.
‘(47) TERRITORY- The term ‘territory’ means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
‘(48) 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 Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801).
‘(49) VETERAN- The term ‘veteran’ has the meaning given the term in section 101 of title 38, United States Code.’.
(b) Redesignation- Section 101 (42 U.S.C. 12511) is amended—
(1) by redesignating paragraphs (1) through (49) as paragraphs (1), (3), (8), (9), (10), (12), (14), (15), (19), (20), (21), (22), (23), (24), (26), (29), (30), (31), (34), (35), (37), (39), (40), (41), (42), (43), (44), (45), (46), (2), (4), (5), (6), (7), (11), (13), (16), (17), (18), (25), (27), (28), (32), (33), (36), (38), (47), (48), and (49); and
(2) so that paragraphs (1) through (49), as so redesignated in paragraph (1), appear in numerical order.
Subtitle B—Amendments to Subtitle B (Learn and Serve America)
SEC. 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:
‘PART I—PROGRAMS FOR ELEMENTARY AND SECONDARY SCHOOL STUDENTS
‘SEC. 111. PURPOSE.
‘The purpose of this part is to 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.
‘SEC. 111A. DEFINITIONS.
‘In this part:
‘(1) STATE- The term ‘State’ means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.
‘(2) STATE EDUCATIONAL AGENCY- The term ‘State educational agency’ means—
‘(A) a State educational agency (as defined in section 101) of a State; or
‘(B) for a State in which a State educational agency described in subparagraph (A) has designated a statewide entity under section 112(e), that designated statewide entity.
‘SEC. 112. ASSISTANCE TO STATES, TERRITORIES, AND INDIAN TRIBES.
‘(a) 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 involved to implement service-learning programs that are based principally in elementary schools and secondary schools, including—
‘(A) providing training and professional development for teachers, supervisors, personnel from community-based entities (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 curricula for 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)(D) to develop school-based service-learning programs in accordance with this part;
‘(D) devising appropriate methods for research on 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 entities 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, throughout the territory, or serving the Indian tribe involved with particular attention to schools not making adequate yearly progress for two or more consecutive years under section 1111 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 by State educational agencies, territories, and Indian tribes of Federal funds 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 school 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 and professional development, 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, as service-learning programs, civic engagement programs that promote a better understanding of—
‘(A) the principles of the Constitution, the heroes of United States history (including military heroes), and the meaning of the Pledge of Allegiance;
‘(B) how the Nation’s government functions; and
‘(C) the importance of service in the Nation’s character.
‘(b) Duties of Service-Learning Coordinator- A service-learning coordinator referred to in paragraph (2) or (3) of subsection (a) shall provide services to a local partnership described in subsection (a)(2) or entity described in subsection (a)(3), respectively, 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 (a)(2) in the planning, development, and execution of service-learning projects, including summer of service programs;
‘(3) assisting schools and local educational agencies in developing school policies and practices that support the integration of service-learning into the curriculum; and
‘(4) carrying out such other duties as the local partnership or entity, respectively, may determine to be appropriate.
‘(c) Related Expenses- An entity that receives financial assistance under this part from a State, territory, or Indian tribe may, in carrying out the activities described in subsection (a), 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.
‘(d) Special Rule- A State educational agency described in section 111A(2)(A) may designate a statewide entity (which may be a community-based entity) with demonstrated experience in supporting or implementing service-learning programs, to receive the State educational agency’s allotment under this part, and carry out the functions of the agency under this part.
‘(e) Consultation With Secretary of Education- The Corporation is authorized to enter into agreements with the Secretary of Education for initiatives (and may use funds authorized under section 501(a)(6) to enter into the agreements if the additional costs of the initiatives are warranted) that may include—
‘(1) identification and dissemination of research findings on service-learning and scientifically valid research based practices for service-learning; and
‘(2) provision of professional development opportunities that—
‘(A) improve the quality of service-learning instruction and delivery for teachers both preservice and in-service, personnel from community-based entities and youth workers; and
‘(B) create and sustain effective partnerships for service-learning programs between local educational agencies, community-based entities, businesses, and other stakeholders.
‘SEC. 112A. 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-
‘(1) IN GENERAL- After reserving an amount under subsection (a), the Corporation shall use the remainder of the funds appropriated to carry out this part for the fiscal year as follows:
‘(A) ALLOTMENTS BASED ON 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 in all States.
‘(B) ALLOTMENTS BASED ON ALLOCATIONS 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. 6301 et seq.) bears to the total of such allocations to all States.
‘(2) MINIMUM AMOUNT- For any fiscal year for which amounts appropriated for this subtitle exceed $50,000,000, the minimum allotment to each State under paragraph (1) shall be $75,000.
‘(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 entities to carry out service-learning programs as described in section 112(b) in such State, in such territory, or for such Indian tribe. After community-based entities apply for grants from the allotment, by submitting 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.
‘SEC. 113. APPLICATIONS.
‘(a) Applications to Corporation for Allotments-
‘(1) IN GENERAL- To be eligible to receive an allotment under section 112A, a State, acting through the State educational agency, territory, or Indian tribe shall prepare and submit to the Corporation an application at such time and in such manner as the Chief Executive Officer may reasonably require, and obtain approval of the application.
‘(2) CONTENTS- An application for an allotment under section 112 shall include—
‘(A) 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;
‘(B) information about the criteria the State educational agency, territory, or Indian tribe will use to evaluate and grant approval to applications submitted under subsection (b), including an assurance that the State educational agency, territory, or Indian tribe will comply with the requirement in section 114(a);
‘(C) assurances about the applicant’s efforts to—
‘(i) ensure that students of different ages, races, sexes, ethnic groups, disabilities, and economic backgrounds have opportunities to serve together;
‘(ii) include any opportunities for students, enrolled in schools or 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;
‘(iii) involve participants in the design and operation of the programs;
‘(iv) promote service-learning in areas of greatest need, including low-income or rural areas; and
‘(v) otherwise integrate service opportunities into the academic program of the participants; and
‘(D) assurances that the applicant will comply with the nonduplication and nondisplacement requirements of section 177 and the notice, hearing, and grievance procedures required by section 176.
‘(b) Application to State, Territory, or Indian Tribe for 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 school 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 112(a)(1);
‘(B) partnership described in section 112(a)(2) that desires to receive such assistance from a State, territory, or Indian tribe for an activity described in section 112(a)(2);
‘(C) entity described in section 112(a)(3) that desires to receive such assistance from a State, territory, or Indian tribe for an activity described in such section;
‘(D) entity or partnership described in section 112(a)(4) that desires to receive such assistance from a State, territory, or Indian tribe for an activity described in such section; and
‘(E) entity that desires to receive such assistance from a State, territory, or Indian tribe for an activity described in section 111(a)(5),
shall prepare, submit to the State educational agency for the State, territory, 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, or Indian tribe may reasonably require.
‘SEC. 114. CONSIDERATION OF APPLICATIONS.
‘(a) Criteria for Local Applications- In providing assistance under this part, a State educational agency, territory, or Indian tribe (or the Corporation if section 112A(c) applies) shall consider criteria with respect to sustainability, replicability, innovation, and quality of programs.
‘(b) Priority for Local Applications- In providing assistance under this part, a State educational agency, territory, or Indian tribe (or the Corporation if section 112A(c) applies) shall give priority to entities that submit applications under section 113 with respect to service-learning programs described in section 111 that are in the greatest need of assistance, such as programs targeting low-income areas or serving economically disadvantaged youth.
‘(c) Rejection of Applications to Corporation- 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 resubmission process. The Corporation shall promptly reconsider such resubmitted application.
‘SEC. 115. PARTICIPATION OF STUDENTS AND TEACHERS FROM PRIVATE SCHOOLS.
‘(a) In General- To the extent consistent with the number of students in the State, in the territory, or served by the Indian tribe or in the school district of the local educational agency involved who are enrolled in private nonprofit elementary schools and secondary schools, such State, territory, or 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.
‘SEC. 116. FEDERAL, STATE, AND LOCAL CONTRIBUTIONS.
‘(a) Corporation Share-
‘(1) IN GENERAL- The Corporation share of the cost of carrying out a program for which a grant is made from an allotment under this part—
‘(A) for new grants may not exceed 80 percent of the total cost of the program for the first year of the grant period, 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) NONCORPORATION CONTRIBUTION- In providing for the remaining share of the cost of carrying out such a program, each recipient of such 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;
‘(B) except as provided in subparagraph (C), may provide for such share through Federal, State, or local sources, including private funds or donated services; and
‘(C) may not provide for such share through Federal funds made available under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) or the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
‘(b) Waiver- The Chief Executive Officer may waive the requirements of subsection (a) in whole or in part with respect to any such program for any fiscal year, on a determination that such a waiver would be equitable due to a lack of resources at the local level.
‘SEC. 117. LIMITATIONS ON USES OF FUNDS.
‘Not more than 6 percent of the amount of assistance received by a State, territory, or Indian tribe that is the original recipient of an allotment under this part for a fiscal year may be used to pay, in accordance with such standards as the Corporation may issue, for administrative costs, incurred by that recipient.’.
SEC. 1202. HIGHER EDUCATION PROVISIONS.
(a) Redesignation- Section 119 (42 U.S.C. 12561) is redesignated as section 118.
(b) Higher Education Innovative Programs- Section 118 (as so redesignated) is 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 ‘consortium’;
(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) the institution or partnership may coordinate with service-learning curricula being offered in the academic curricula at the institution of higher education or at 1 or more members of the partnership;’; and
(C) in paragraph (3)—
(i) 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’;
(ii) in subparagraph (A), by striking ‘education of the institution; and’ and inserting ‘curricula of the institution to strengthen the instructional capacity of teachers to provide service-learning at the elementary and secondary levels;’;
(iii) by redesignating subparagraph (B) as subparagraph (C); and
(iv) by inserting after subparagraph (A) the following:
‘(B) including service-learning as a component of other curricula or academic programs (other than education curricula or programs), such as curricula or programs relating to nursing, medicine, criminal justice, or public policy; and’;
(3) by striking subsections (c), (d), (e), and (g);
(4) by redesignating subsection (f) as subsection (i); and
(5) by inserting after subsection (b) the following:
‘(c) 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 or contract 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.
‘(d) Application for Grant-
‘(1) SUBMISSION- To receive a grant or enter into a contract under this part, an institution or partnership shall prepare and submit to the Corporation, an application at such time, in such manner, and containing such information and assurances as the Corporation may reasonably require, and obtain approval of the application. 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 notice, hearing, and grievance procedures required by section 176; and
‘(B) such other assurances as the Chief Executive Officer may reasonably require.
‘(e) Special Consideration- To the extent practicable, in making grants and entering into contracts under subsection (b), the Corporation shall give special consideration to applications submitted by, or applications from partnerships including, institutions serving primarily low-income populations, including—
‘(1) Alaska Native-serving institutions;
‘(2) Asian American and Native American Pacific Islander-serving institutions;
‘(3) Hispanic-serving institutions;
‘(4) historically black colleges and universities;
‘(5) Native American-serving, nontribal institutions;
‘(6) Native Hawaiian-serving institutions;
‘(7) Predominantly Black Institutions;
‘(8) tribally controlled colleges and universities; and
‘(9) community colleges serving predominantly minority populations.
‘(f) Considerations- In making grants and entering into contracts under subsection (b), the Corporation shall take into consideration whether the applicants submit applications containing proposals that—
‘(1) demonstrate the commitment of the institution of higher education involved, 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 nonprofit 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 the involved community members;
‘(6) demonstrate a commitment to perform community service projects in underserved urban and rural communities;
‘(7) describe research on effective strategies and methods to improve service utilized in the design of the projects;
‘(8) specify that the institution or partnership will use the assistance provided through the grant or contract 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-age youth; or
‘(10) describe the needs that the proposed projects are designed to address, such as housing, economic development, infrastructure, health care, job training, education, crime prevention, urban planning, transportation, information technology, or child welfare.
‘(g) Federal Work-Study- To be eligible for assistance under this part, an institution of higher education shall demonstrate that it meets the minimum requirements under section 443(b)(2)(A) of the Higher Education Act of 1965 (42 U.S.C. 2753(b)(2)(A)) relating to the participation of students employed under part C of title IV of the Higher Education Act of 1965 (42 U.S.C. 2751 et seq.) (relating to Federal Work-Study programs) in community service activities, or has received a waiver of those requirements from the Secretary of Education.
‘(h) 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.’.
SEC. 1203. CAMPUSES OF SERVICE.
Subtitle B of title I (42 U.S.C. 12521 et seq.) is amended by inserting after section 118 (as redesignated by section 1202) the following:
‘SEC. 118A. 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 reserved under section 501(a)(1)(C) for Campuses of Service, the Corporation shall provide an award of funds to institutions designated under subsection (c), to be used by the institutions to develop or disseminate service-learning models and information on best practices regarding service-learning to other institutions of higher education.
‘(2) PLAN- 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 develop or disseminate service-learning models and information on best practices regarding service-learning to other institutions of higher education.
‘(3) ALLOCATION- The Corporation shall determine how the funds reserved under section 501(a)(1)(C) for Campuses of Service 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, 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.’.
SEC. 1204. INNOVATIVE PROGRAMS AND RESEARCH.
Subtitle B of title I (42 U.S.C. 12521 et seq.), as amended by section 1203, is further amended by adding at the end the following:
‘PART III—INNOVATIVE AND COMMUNITY-BASED SERVICE-LEARNING PROGRAMS AND RESEARCH
‘SEC. 119. INNOVATIVE AND COMMUNITY-BASED SERVICE-LEARNING PROGRAMS AND RESEARCH.
‘(a) Definitions- In this part:
‘(1) ELIGIBLE ENTITY- The term ‘eligible entity’ means a State educational agency, a State Commission, a territory, an Indian tribe, an institution of higher education, or a public or private nonprofit organization (including community-based entities), a public or private elementary school or secondary school, a local educational agency, a consortium of such entities, or a consortium of 2 or more such entities and a for-profit organization.
‘(2) ELIGIBLE PARTNERSHIP- The term ‘eligible partnership’ means a partnership that—
‘(A) shall include—
‘(i) 1 or more community-based entities that have demonstrated records of success in carrying out service-learning programs with economically disadvantaged students, and that meet such criteria as the Chief Executive Officer may establish; and
‘(ii) a local educational agency for which—
‘(I) a high number or percentage, as determined by the Corporation, of the students served by the agency are economically disadvantaged students; and
‘(II) the graduation rate (as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)) and as clarified in applicable regulations promulgated by the Department of Education for the secondary school students served by the agency is less than 70 percent; and
‘(B) 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;
‘(iii) an institution of higher education;
‘(iv) a State Commission or State educational agency; or
‘(v) more than 1 local educational agency described in subclause (I).
‘(3) YOUTH ENGAGEMENT ZONE- The term ‘youth engagement zone’ means the area in which a youth engagement zone program is carried out.
‘(4) YOUTH ENGAGEMENT ZONE PROGRAM- The term ‘youth engagement zone program’ means a service-learning program in which members of an eligible partnership collaborate to provide coordinated school-based or community-based service-learning opportunities—
‘(A) in order to address a specific community challenge;
‘(B) for an increasing percentage of out-of-school youth and secondary school students served by a local educational agency; and
‘(C) in circumstances under which—
‘(i) not less than 90 percent of such students participate in service-learning activities as part of the program; or
‘(ii) service-learning is a part of the curriculum in all of the secondary schools served by the local educational agency.
‘(b) General Authority- From the amounts appropriated to carry out this part for a fiscal year, the Corporation may make grants (which may include approved summer of service positions in the case of a grant for a program described in subsection (c)(8)) and fixed-amount grants (in accordance with section 129(l)) to eligible entities or eligible partnerships, as appropriate, for programs and activities described in subsection (c).
‘(c) Authorized Activities- Funds under this part may be used to—
‘(1) integrate service-learning programs into the science, technology, engineering, and mathematics (referred to in this part as ‘STEM’) curricula at the elementary, secondary, postsecondary, or postbaccalaureate 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 programs in emergency and disaster preparedness;
‘(4) involve students in service-learning programs aimed at improving access to and obtaining the benefits from computers and other emerging technologies, including improving such access for 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 and 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 112(a);
‘(8) establish or implement summer of service programs (giving priority to programs that enroll youth who will be enrolled in any of grades 6 through 9 at the end of the summer concerned) during the summer months (including recruiting, training, and placing service-learning coordinators)—
‘(A) for youth who will be enrolled in any of grades 6 through 12 at the end of the summer concerned; and
‘(B) for community-based service-learning projects—
‘(i) that shall—
‘(I) meet unmet human, educational, environmental (including energy conservation and stewardship), and emergency and disaster preparedness and other public safety needs; and
‘(II) be intensive, structured, supervised, and designed to produce identifiable improvements to the community;
‘(ii) that may include the extension of academic year service-learning programs into the summer months; and
‘(iii) under which a student who completes 100 hours of service as described in section 146(b)(2), shall be eligible for a summer of service educational award of $500 or $750 as described in sections 146(a)(2)(C) and 147(d);
‘(9) establish or implement youth engagement zone programs in youth engagement zones, for students in secondary schools served by local educational agencies for which a majority of such students do not participate in service-learning activities that are—
‘(A) carried out by eligible partnerships; and
‘(B) designed to—
‘(i) involve all students in secondary schools served by the local educational agency in service-learning to address a specific community challenge;
‘(ii) improve student engagement, including student attendance and student behavior, and student achievement, graduation rates, and college-going rates at secondary schools; and
‘(iii) 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
‘(10) conduct semester of service programs that—
‘(A) provide opportunities for secondary school students to participate in a semester of coordinated school-based or community-based service-learning opportunities for a minimum of 70 hours (of which at least a third will be spent participating in field-based activities) over a semester, to address specific community challenges;
‘(B) engage as participants high percentages or numbers of economically disadvantaged students;
‘(C) allow participants to receive academic credit, for the time spent in the classroom and in the field for the program, that is equivalent to the academic credit for any class of equivalent length and with an equivalent time commitment; and
‘(D) ensure that the classroom-based instruction component of the program is integrated into the academic program of the local educational agency involved; and
‘(11) carry out any other innovative service-learning programs or research that the Corporation considers appropriate.
‘(d) Applications- To be eligible to receive a grant to carry out a program or activity under this part, an entity or partnership, as appropriate, shall prepare and submit to the Corporation an application at such time and in such manner as the Chief Executive Officer may reasonably require, and obtain approval of the application.
‘(e) Priority- In making grants under this part, the Corporation shall give priority to applicants proposing to—
‘(1) involve students and community stakeholders in the design and implementation of service-learning programs carried out using funds received under this part;
‘(2) implement service-learning programs in low-income or rural communities; and
‘(3) utilize adult volunteers, including tapping the resources of retired and retiring adults, in the planning and implementation of service-learning programs.
‘(f) Requirements-
‘(1) TERM- Each program or activity funded under this part shall be carried out over a period of 3 years, which may include 1 planning year. In the case of a program funded under this part, the 3-year period may be extended by 1 year, if the program meets performance levels established in accordance with section 179(k) and any other criteria determined by the Corporation.
‘(2) COLLABORATION ENCOURAGED- Each entity carrying out a program or activity funded under this part shall, to the extent practicable, collaborate with entities carrying out programs under this subtitle, subtitle C, and titles I and II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq., 5001 et seq.).
‘(3) EVALUATION- Not later than 4 years after the effective date of the Serve America Act, the Corporation shall conduct an independent evaluation of the programs and activities carried out using funds made available under this part, and determine best practices relating to service-learning and recommendations for improvement of those programs and activities. The Corporation shall widely disseminate the results of the evaluations, and information on the best practices and recommendations to the service community through multiple channels, including the Corporation’s Resource Center or a clearinghouse of effective strategies.’.
SEC. 1205. SERVICE-LEARNING IMPACT STUDY.
Subtitle B of title I (42 U.S.C. 12521 et seq.), as amended by section 1204, is further amended by adding at the end the following:
‘PART IV—SERVICE-LEARNING IMPACT STUDY
‘SEC. 120. STUDY AND REPORT.
‘(a) Study-
‘(1) IN GENERAL- From the sums reserved under section 501(a)(1)(B) for this section, the Corporation shall enter into a contract with an entity that is not otherwise a recipient of financial assistance under this subtitle, to conduct a 10-year longitudinal study on the impact of the activities carried out under this subtitle.
‘(2) CONTENTS- In conducting the study, the entity shall consider the impact of service-learning activities carried out under this subtitle on students participating in such activities, including in particular examining the degree to which the activities—
‘(A) improved student academic achievement;
‘(B) improved student engagement;
‘(C) improved graduation rates, as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)) and as clarified in applicable regulations promulgated by the Department of Education; and
‘(D) improved the degree to which the participants in the activities engaged in subsequent national service, volunteering, or other service activities, or pursued careers in public service, in the nonprofit sector or government.
‘(3) ANALYSIS- In carrying out such study, the entity shall examine the impact of the service-learning activities on the 4 factors described in subparagraphs (A) through (D) of paragraph (2), analyzed in terms of how much time participants were engaged in service-learning activities.
‘(4) BEST PRACTICES- The entity shall collect information on best practices concerning using service-learning activities to improve the 4 factors.
‘(b) Interim Reports- The entity shall periodically submit reports to the Corporation containing the interim results of the study and the information on best practices. The Corporation shall submit such reports to the authorizing committees.
‘(c) Final Report- The entity shall submit a report to the Corporation containing the results of the study and the information on best practices. The Corporation shall submit such report to the authorizing committees, and shall make such report available to the public on the Corporation’s website.
‘(d) Consultation and Dissemination- On receiving the report described in subsection (c), the Corporation shall consult with the Secretary of Education to review the results of the study, and to identify best practices concerning using service-learning activities to improve the 4 factors described in subparagraphs (A) through (D) of subsection (a)(2). The Corporation shall disseminate information on the identified best practices.’.
Subtitle C—Amendments to Subtitle C (National Service Trust Program)
SEC. 1301. PROHIBITION ON GRANTS TO FEDERAL AGENCIES; LIMITS ON CORPORATION COSTS.
Section 121 (42 U.S.C. 12571) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by inserting after ‘subdivisions of States,’ the following: ‘territories,’; and
(B) in paragraphs (1) and (2), by striking ‘section 122(a)’ and inserting ‘subsection (a), (b), or (c) of section 122’;
(2) in subsection (b)—
(A) in the heading, by striking ‘Agreements With Federal Agencies’ and inserting ‘Restrictions on Agreements With Federal Agencies’;
(B) by striking paragraph (1) and inserting the following:
‘(1) AGREEMENTS AUTHORIZED- The Corporation may enter into an interagency agreement (other than a grant agreement) with another Federal agency to support a national service program carried out or otherwise supported by the agency. The Corporation, in entering into the interagency agreement may approve positions as approved national service positions for a program carried out or otherwise supported by the agency.’;
(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.’;
(D) in paragraph (3)—
(i) by striking ‘receiving assistance under this subsection’ and inserting ‘carrying out or supporting a national service program’; and
(ii) by striking ‘using such assistance’ and inserting ‘through that program’;
(E) in paragraph (4), by striking ‘a contract or cooperative agreement’ the first place it appears and inserting ‘an interagency agreement’; and
(F) by adding at the end the following:
‘(5) APPLICATION OF REQUIREMENTS- A requirement under this Act that applies to an entity receiving assistance under section 121 (other than a requirement limited to an entity receiving assistance under section 121(a)) shall be considered to apply to a Federal agency that enters into an interagency agreement under this subsection, even though no Federal agency may receive financial assistance under such an agreement.’;
(3) in subsection (c)—
(A) in the matter preceding paragraph (1), by striking ‘subsections (a) and (b),’ and inserting ‘subsection (a), and in providing approved national service positions under subsection (b),’; and
(B) in paragraph (2)(B), by striking ‘to be provided’ and inserting ‘to be provided or otherwise approved’;
(4) in paragraphs (1) and (2) of subsection (d), by striking ‘or (b)’;
(5) in subsection (e)—
(A) in paragraph (1), by striking ‘Federal share of the cost’ and inserting ‘Corporation share of the cost (including the costs of member living allowances, employment-related taxes, health care coverage, and workers’ compensation and other necessary operation costs)’; and
(B) by adding at the end the following:
‘(5) OTHER FEDERAL FUNDS-
‘(A) RECIPIENT REPORT- A recipient of assistance under this section (other than a recipient of assistance through a fixed-amount grant in accordance with section 129(l)) shall report to the Corporation the amount and source of any Federal funds used to carry out the program for which the assistance is made available other than those provided by the Corporation.
‘(B) CORPORATION REPORT- The Corporation shall report to the authorizing committees on an annual basis information regarding each recipient of such assistance that uses Federal funds other than those provided by the Corporation to carry out such a program, including the amounts and sources of the other Federal funds.’; and
(6) by adding at the end the following:
‘(f) Plan for Approved National Service Positions- The Corporation shall—
‘(1) develop a plan to—
‘(A) establish the number of the approved national service positions as 88,000 for fiscal year 2010;
‘(B) increase the number of the approved positions to—
‘(i) 115,000 for fiscal year 2011;
‘(ii) 140,000 for fiscal year 2012;
‘(iii) 170,000 for fiscal year 2013;
‘(iv) 200,000 for fiscal year 2014;
‘(v) 210,000 for fiscal year 2015;
‘(vi) 235,000 for fiscal year 2016; and
‘(vii) 250,000 for fiscal year 2017;
‘(C) ensure that the increases described in subparagraph (B) are achieved through an appropriate balance of full- and part-time service positions;
‘(2) not later than 1 year after the date of enactment of the Serve America Act, submit a report to the authorizing committees on the status of the plan described in paragraph (1); and
‘(3) subject to the availability of appropriations and quality service opportunities, implement the plan described in paragraph (1).’.
SEC. 1302. ELIGIBLE NATIONAL SERVICE PROGRAMS.
Section 122 is amended to read as follows:
‘SEC. 122. NATIONAL SERVICE PROGRAMS ELIGIBLE FOR PROGRAM ASSISTANCE.
‘(a) National Service Corps- The recipient of a grant under section 121(a) and a Federal agency operating or supporting a national service program under section 121(b) shall use a portion of the financial assistance or positions involved, directly or through subgrants to other entities, to support or carry out the following national service corps or programs, as full- or part-time corps or programs, to address unmet needs:
‘(1) EDUCATION CORPS-
‘(A) IN GENERAL- The recipient may carry out national service programs through an Education Corps that identifies and meets unmet educational needs within communities through activities such as those described in subparagraph (B) and improves performance on the indicators described in subparagraph (C).
‘(B) ACTIVITIES- An Education Corps described in this paragraph may carry out activities such as—
‘(i) tutoring, or providing other academic support to elementary school and secondary school students;
‘(ii) improving school climate;
‘(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) 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;
‘(vi) assisting schools and local educational agencies in improving and expanding high-quality service-learning programs that keep students engaged in schools by carrying out programs that provide specialized training to individuals in service-learning, and place the individuals (after such training) in positions as service-learning coordinators, to facilitate service-learning in programs eligible for funding under part I of subtitle B;
‘(vii) assisting students in being prepared for college-level work;
‘(viii) involving family members of students in supporting teachers and students;
‘(ix) conducting a preprofessional training program in which students enrolled in an institution of higher education—
‘(I) receive training (which may include classes containing service-learning) in specified fields including early childhood education and care, elementary and secondary education, and other fields such as those relating to health services, 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;
‘(x) assisting economically disadvantaged students in navigating the college admissions process;
‘(xi) providing other activities, addressing unmet educational needs, that the Corporation may designate; or
‘(xii) providing skilled musicians and artists to promote greater community unity through the use of music and arts education and engagement through work in low-income communities, and education, health care, and therapeutic settings, and other work in the public domain with citizens of all ages.
‘(C) EDUCATION CORPS INDICATORS- The indicators for a corps program described in this paragraph are—
‘(i) student engagement, including student attendance and student behavior;
‘(ii) student academic achievement;
‘(iii) secondary school graduation rates as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)) and as clarified in applicable regulations promulgated by the Department of Education;
‘(iv) rate of college enrollment and continued college enrollment for recipients of a high school diploma;
‘(v) any additional indicator relating to improving education for students that the Corporation, in consultation (as appropriate) with the Secretary of Education, establishes; or
‘(vi) any additional local indicator (applicable to a particular recipient and on which an improvement in performance is needed) relating to improving education for students, that is approved by the Corporation or a State Commission.
‘(2) HEALTHY FUTURES CORPS-
‘(A) IN GENERAL- The recipient may carry out national service programs through a Healthy Futures Corps that identifies and meets unmet health needs within communities through activities such as those described in subparagraph (B) and improves performance on the indicators described in subparagraph (C).
‘(B) ACTIVITIES- A Healthy Futures Corps described in this paragraph may carry out activities such as—
‘(i) assisting economically disadvantaged individuals in navigating the health services system;
‘(ii) assisting individuals in obtaining access to health services, including oral health services, 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 services 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 the literacy of patients regarding health, including oral health;
‘(v) providing translation services at clinics and in emergency rooms to improve health services;
‘(vi) providing services designed to meet the health needs of rural communities, including the recruitment of youth to work in health professions in such 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;
‘(viii) addressing childhood obesity through in-school and after-school physical activities, and providing nutrition education to students, in elementary schools and secondary schools; or
‘(ix) providing activities, addressing unmet health needs, that the Corporation may designate.
‘(C) HEALTHY FUTURES CORPS INDICATORS- The indicators for a corps program described in this paragraph are—
‘(i) access to health services among economically disadvantaged individuals and individuals who are members of medically underserved populations;
‘(ii) access to health services 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) literacy of patients regarding health;
‘(v) any 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 (as appropriate) with the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention, establishes; or
‘(vi) any additional local indicator (applicable to a particular recipient 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, that is approved by the Corporation or a State Commission.
‘(3) CLEAN ENERGY SERVICE CORPS-
‘(A) IN GENERAL- The recipient may carry out national service projects through a Clean Energy Service Corps that identifies and meets unmet environmental needs within communities through activities such as those described in subparagraph (B) and improves performance on the indicators described in subparagraph (C).
‘(B) ACTIVITIES- A Clean Energy Service 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) providing clean energy-related services designed to meet the needs of rural communities;
‘(v) 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;
‘(vi) assisting in the development of local recycling programs;
‘(vii) renewing and rehabilitating national and State parks and forests, city parks, county parks and other public lands, and trails owned or maintained by the Federal Government or a State, including planting trees, carrying out reforestation, carrying out forest health restoration measures, carrying out erosion control measures, fire hazard reduction measures, and rehabilitation and maintenance of historic sites and structures throughout the national park system, and providing trail enhancements, rehabilitation, and repairs;
‘(viii) cleaning and improving rivers maintained by the Federal Government or a State;
‘(ix) carrying out projects in partnership with the National Park Service, designed to renew and rehabilitate national park resources and enhance services and learning opportunities for national park visitors, and nearby communities and schools;
‘(x) providing service through a full-time, year-round youth corps program or full-time summer youth corps program, such as a conservation corps or youth service corps program 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 who are age 16 through 25, including out-of-school youth and other disadvantaged youth (such as youth who are aging out of foster care, youth who have limited English proficiency, homeless youth, and youth who are individuals with disabilities), who are age 16 through 25; and
‘(III) provides those participants who are youth and young adults with—
‘(aa) team-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;
‘(xi) carrying out other activities, addressing unmet environmental and workforce needs, that the Corporation may designate.
‘(C) CLEAN ENERGY SERVICE CORPS INDICATORS- The indicators for a corps program 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)(I) the number of acres of national parks, State parks, city parks, county parks, or other public lands, that are cleaned or improved; and
‘(II) the number of acres of forest preserves, or miles of trails or rivers, owned or maintained by the Federal Government or a State, that are cleaned or improved;
‘(v) any additional indicator relating to clean energy, the reduction of greenhouse gas emissions, or education and skill attainment for clean energy jobs, that the Corporation, in consultation (as appropriate) with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of the Interior, or the Secretary of Labor, as appropriate, establishes; or
‘(vi) any additional local indicator (applicable to a particular recipient and on which an improvement in performance is needed) relating to clean energy, the reduction of greenhouse gas emissions, or education or skill attainment for clean energy jobs, that is approved by the Corporation or a State Commission.
‘(4) VETERANS CORPS-
‘(A) IN GENERAL- The recipient may carry out national service programs through a Veterans Corps that identifies and meets unmet needs of veterans and members of the Armed Forces who are on active duty through activities such as those described in subparagraph (B) and improves performance on the indicators described in subparagraph (C).
‘(B) 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, including opportunities that utilize their military experience;
‘(iii) assisting veterans in developing their educational opportunities (including opportunities for professional certification, licensure, or credentials), coordinating activities with and assisting State and local agencies administering veterans education benefits, and coordinating activities with and assisting entities administering veterans programs with internships and fellowships that could lead to employment in the private and public sectors;
‘(iv) promoting efforts within a community to serve the needs of veterans and members of the Armed Forces who are on active duty, including helping veterans file benefits claims and assisting Federal agencies in providing services to veterans, and sending care packages to Members of the Armed Forces who are deployed;
‘(v) assisting veterans in developing mentoring relationships with economically disadvantaged students;
‘(vi) developing projects to assist veterans with disabilities, veterans who are unemployed, older veterans, and veterans in rural communities, including assisting veterans described in this clause with transportation; or
‘(vii) other activities, addressing unmet needs of veterans, that the Corporation may designate.
‘(C) Veterans’ CORPS INDICATORS- The indicators for a corps program 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, licensure, or credentials;
‘(iv) the number of veterans engaged in service opportunities;
‘(v) the number of military families assisted by organizations while a family member is deployed and upon that family member’s return home;
‘(vi) the number of economically disadvantaged students engaged in mentoring relationships with veterans;
‘(vii) the number of projects designed to meet identifiable public needs of veterans, especially veterans with disabilities, veterans who are unemployed, older veterans, and veterans in rural communities;
‘(viii) any additional indicator that relates to education or skill attainment that assists in providing veterans with the skills to address identifiable public needs, or that relates to improving the lives of veterans, of members of the Armed Forces on active duty, and of families of the veterans and the members on active duty, and that the Corporation, in consultation (as appropriate) with the Secretary of Veterans Affairs, establishes; or
‘(ix) any additional local indicator (applicable to a particular recipient and on which an improvement in performance is needed) relating to the education or skill attainment, or the improvement, described in clause (viii), that is approved by the Corporation or a State Commission.
‘(5) OPPORTUNITY CORPS-
‘(A) IN GENERAL- The recipient may carry out national service programs through an Opportunity Corps that identifies and meets unmet needs relating to economic opportunity for economically disadvantaged individuals within communities, through activities such as those described in subparagraph (B) and improves performance on the indicators described in subparagraph (C).
‘(B) ACTIVITIES- An Opportunity Corps described in this paragraph may carry out activities such as—
‘(i) providing financial literacy education to economically disadvantaged individuals, including financial literacy education with regard to credit management, financial institutions including banks and credit unions, and utilization of savings plans;
‘(ii) assisting in the construction, rehabilitation, or preservation of housing units, including energy efficient homes, for economically disadvantaged individuals;
‘(iii) assisting economically disadvantaged individuals, including homeless individuals, in finding placement in and maintaining housing;
‘(iv) assisting economically disadvantaged individuals in obtaining access to health services for themselves or their children;
‘(v) assisting individuals in obtaining information about Federal, State, local, or private programs or benefits focused on assisting economically disadvantaged individuals, economically disadvantaged children, or low-income families;
‘(vi) facilitating enrollment in and completion of job training for economically disadvantaged individuals;
‘(vii) assisting economically disadvantaged individuals in obtaining access to job placement assistance;
‘(viii) carrying out a program that seeks to eliminate hunger in low-income communities and rural areas through service in projects—
‘(I) involving food banks, food pantries, and nonprofit organizations that provide food during emergencies;
‘(II) seeking to address the long-term causes of hunger through education and the delivery of appropriate services;
‘(III) providing training in basic health, nutrition, and life skills necessary to alleviate hunger in communities and rural areas; or
‘(IV) assisting individuals in obtaining information about federally supported nutrition programs;
‘(ix) addressing issues faced by homebound citizens, such as needs for food deliveries, legal and medical services, nutrition information, and transportation;
‘(x) implementing an E-Corps program that involves participants who provide services in a community by developing and assisting in carrying out technology programs that seek to increase access to technology and the benefits of technology in such community; and
‘(xi) carrying out other activities, addressing unmet needs relating to economic opportunity for economically disadvantaged individuals, that the Corporation may designate.
‘(C) OPPORTUNITY CORPS INDICATORS- The indicators for a corps program described in this paragraph are—
‘(i) the degree of financial literacy among economically disadvantaged individuals;
‘(ii) the number of housing units built or improved for economically disadvantaged individuals or low-income families;
‘(iii) the number of economically disadvantaged individuals with access to job training and other skill enhancement;
‘(iv) the number of economically disadvantaged individuals with access to information about job placement services;
‘(v) any additional indicator relating to improving economic opportunity for economically disadvantaged individuals that the Corporation, in consultation (as appropriate) with the Secretary of Health and Human Services, the Secretary of Labor, the Secretary of Housing and Urban Development, and the Secretary of the Treasury, establishes; or
‘(vi) any additional local indicator (applicable to a particular recipient and on which an improvement in performance is needed) that is approved by the Corporation or a State Commission.
‘(b) National Service Programs-
‘(1) IN GENERAL- The recipient of a grant under section 121(a) and a Federal agency operating or supporting a national service program under section 121(b) may use the financial assistance or positions involved, directly or through subgrants to other entities, to carry out national service programs and model programs under this subsection that are focused on meeting community needs and improve performance on the indicators described in paragraph (3).
‘(2) PROGRAMS- The programs may include the following types of national service programs:
‘(A) 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 addressing rural poverty, or the need for health services, education, or job training.
‘(B) A program—
‘(i) that engages participants in public health, emergency and disaster preparedness, and other public safety activities;
‘(ii) that may include the recruitment of qualified participants for, and placement of the participants in, positions to be trainees as law enforcement officers, firefighters, search and rescue personnel, and emergency medical service workers; and
‘(iii) that may engage Federal, State, and local stakeholders, in collaboration, to organize more effective responses to issues of public health, emergencies and disasters, and other public safety issues.
‘(C) A program that seeks to expand the number of mentors for disadvantaged youths and other youths (including by recruiting high school-, and college-age individuals to enter into mentoring relationships), either through—
‘(i) provision of direct mentoring services;
‘(ii) provision of supportive services to direct mentoring service organizations (in the case of a partnership);
‘(iii) the creative utilization of current and emerging technologies to connect youth with mentors; or
‘(iv) supporting mentoring partnerships (including statewide and local mentoring partnerships that strengthen direct service mentoring programs) by—
‘(I) increasing State resources dedicated to mentoring;
‘(II) supporting the creation of statewide and local mentoring partnerships and programs of national scope through collaborative efforts between entities such as local or direct service mentoring partnerships, or units of State or local government; and
‘(III) assisting direct service mentoring programs.
‘(D) A program—
‘(i) in which not less than 75 percent of the participants are disadvantaged youth;
‘(ii) that may provide life skills training, employment training, educational counseling, assistance to complete a secondary school diploma or its recognized equivalent, counseling, or a mentoring relationship with an adult volunteer; and
‘(iii) for which, in awarding financial assistance and approved national service positions, the Corporation shall give priority to programs that engage retirees to serve as mentors.
‘(E) A program—
‘(i) that reengages court-involved youth and adults with the goal of reducing recidivism;
‘(ii) that may create support systems beginning in correctional facilities; and
‘(iii) that may have life skills training, employment training, an education program (including a program to complete a secondary school diploma or its recognized equivalent), educational and career counseling, and postprogram placement services.
‘(F) A demonstration program—
‘(i) that has as 1 of its primary purposes the recruitment and acceptance of court-involved youth and adults as participants, volunteers, or members; and
‘(ii) that may serve any purpose otherwise permitted under this Act.
‘(G) A program that provides education or job training services that are designed to meet the needs of rural communities.
‘(H) A program that seeks to expand the number of mentors for youth in foster care through—
‘(i) the provision of direct academic mentoring services for youth in foster care;
‘(ii) the provision of supportive services to mentoring service organizations that directly provide mentoring to youth in foster care, including providing training of mentors in child development, domestic violence, foster care, confidentiality requirements, and other matters related to working with youth in foster care; or
‘(iii) supporting foster care mentoring partnerships, including statewide and local mentoring partnerships that strengthen direct service mentoring programs.
‘(I) Such other national service programs addressing unmet human, educational, environmental, or public safety needs as the Corporation may designate.
‘(3) INDICATORS- The indicators for a program described in this subsection are the indicators described in subparagraph (C) of paragraphs (1), (2), (3), (4), or (5) of subsection (a) or any additional local indicator (applicable to a participant or recipient and on which an improvement in performance is needed) relating to meeting unmet community needs, that is approved by the Corporation or a State Commission.
‘(c) Program Models for Service Corps-
‘(1) IN GENERAL- In addition to any activities described in subparagraph (B) of paragraphs (1) through (5) of subsection (a), and subsection (b)(2), a recipient of a grant under section 121(a) and a Federal agency operating or supporting a national service program under section 121(b) may directly or through grants or subgrants to other entities carry out a national service corps program through the following program models:
‘(A) A community corps program that meets unmet health, veteran, and other 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 service program that—
‘(i) recruits individuals with special skills or provides specialized preservice training to enable participants to be placed individually or in teams in positions in which the participants can meet such unmet needs; and
‘(ii) if consistent with the purposes of the program, brings participants together for additional training and other activities designed to foster civic responsibility, increase the skills of participants, and improve the quality of the service provided.
‘(C) 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 students described in clause (i); or
‘(iii) teams composed of a combination of such students and community residents.
‘(D) A professional corps program that recruits and places qualified participants in positions—
‘(i) as teachers, nurses and other health care providers, police officers, early childhood development staff, engineers, or other professionals providing service to meet human, educational, environmental, or public safety needs in communities with an inadequate number of such professionals;
‘(ii) for which the salary may exceed the maximum living allowance authorized in subsection (a)(2) 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.
‘(E) A program that provides opportunities for veterans to participate in service projects.
‘(F) A program carried out by an intermediary that builds the capacity of local nonprofit and faith-based organizations to expand and enhance services to meet local or national needs.
‘(G) Such other program models as may be approved by the Corporation or a State Commission, as appropriate.
‘(2) PROGRAM MODELS WITHIN CORPS- A recipient of financial assistance or approved national service positions for a corps program described in subsection (a) may use the assistance or positions to carry out the corps program, in whole or in part, using a program model described in this subsection. The corps program shall meet the applicable requirements of subsection (a) and this subsection.
‘(d) 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 veteran services, and other 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.
‘(e) Priorities for Certain Corps- In awarding financial assistance and approved national service positions to eligible entities proposed to carry out the corps described in subsection (a)—
‘(1) in the case of a corps described in subsection (a)(2)—
‘(A) the Corporation may give priority to eligible entities that propose to provide support for participants who, after completing service under this section, will undertake careers to improve performance on health indicators described in subsection (a)(2)(C); and
‘(B) the Corporation shall give priority to eligible entities that propose to carry out national service programs in medically underserved areas (as designated individually, 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 eligible entities that propose to recruit individuals for the Clean Energy Service 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.
‘(f) National Service Priorities-
‘(1) ESTABLISHMENT-
‘(A) BY CORPORATION- In order to concentrate national efforts on meeting human, educational, environmental, or public safety needs and to achieve the other purposes of this Act, the Corporation, after reviewing 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.
‘(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(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) Consultation on Indicators- The Corporation shall consult with the Secretary of Education, the Secretary of Health and Human Services, the Director of the Centers for Disease Control and Prevention, the Secretary of Energy, the Secretary of Veterans Affairs, the Secretary of the Interior, the Administrator of the Environmental Protection Agency, the Secretary of Labor, the Secretary of Housing and Urban Development, and the Secretary of the Treasury, as appropriate, in developing additional indicators for the corps and programs described in subsections (a) and (b).
‘(h) 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 school or secondary school students certifies that individuals serving in approved national service positions as tutors in such program have—
‘(A) obtained their high school diplomas; and
‘(B) 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 school or secondary school and is providing tutoring services through a structured, school-managed cross-grade tutoring program.
‘(i) 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.
‘(j) Citizenship Training- The Corporation shall establish guidelines for recipients of assistance under the national service laws, that are consistent with the principles on which citizenship programs administered by U.S. Citizenship and Immigration Services are based, relating to the promotion of citizenship and civic engagement among participants in approved national service positions and approved summer of service positions, and appropriate to the age, education, and experience of the participants.
‘(k) 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 authorizing committees a report containing—
‘(1) information describing how the Corporation allocated financial assistance and approved national service positions among eligible entities proposed to carry out corps and national service programs described in this section for that fiscal year;
‘(2) information describing the amount of financial assistance and the number of approved national service positions the Corporation provided to each corps and national service program described in this section for that fiscal year;
‘(3) a measure of the extent to which the corps and national service programs improved performance on the corresponding indicators; and
‘(4) information describing how the Corporation is coordinating—
‘(A) the national service programs funded under this section; with
‘(B) applicable programs, as determined by the Corporation, carried out under subtitle 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.’.
SEC. 1303. TYPES OF POSITIONS.
Section 123 (42 U.S.C. 12573) is amended—
(1) in paragraph (1)—
(A) by striking ‘section 122(a)’ and inserting ‘subsection (a), (b), or (c) of section 122’; and
(B) by striking ‘or (b)’;
(2) in paragraph (2)(A)—
(A) by inserting after ‘subdivision of a State,’ the following: ‘a territory,’; and
(B) by striking ‘Federal agency’ and inserting ‘Federal agency (under an interagency agreement described in section 121(b))’;
(3) in paragraph (4), by striking ‘section 122(a)(3)’ and inserting ‘section 122(a)(1)(B)(vi)’;
(4) in paragraph (5), by inserting ‘National’ before ‘Civilian Community Corps’;
(5) by redesignating paragraph (7) as paragraph (8); and
(6) by inserting after paragraph (6) the following:
‘(7) A position involving service in the ServeAmerica Fellowship program carried out under section 198B.’.
SEC. 1304. CONFORMING REPEAL RELATING TO TRAINING AND TECHNICAL ASSISTANCE.
Section 125 (42 U.S.C. 12575) is repealed.
SEC. 1305. ASSISTANCE TO STATE COMMISSIONS; CHALLENGE GRANTS.
Section 126 (42 U.S.C. 12576) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘$125,000 and $750,000’ and inserting ‘$250,000 and $1,000,000’; and
(ii) by striking ‘501(a)(4)’ and inserting ‘501(a)(5)’; and
(B) by striking paragraph (2) and inserting the following:
‘(2) MATCHING REQUIREMENT- In making a grant to a State under this subsection, the Corporation shall require the State to agree to provide matching funds from non-Federal sources of not less than $1 for every $1 provided by the Corporation through the grant.
‘(3) ALTERNATIVE- Notwithstanding paragraph (2), the Chief Executive Officer may permit a State that demonstrates hardship or a new State Commission to meet alternative matching requirements for such a grant as follows:
‘(A) FIRST $100,000- For the first $100,000 of grant funds provided by the Corporation, the State involved shall not be required to provide matching funds.
‘(B) AMOUNTS GREATER THAN $100,000- For grant amounts of more than $100,000 and not more than $250,000 provided by the Corporation, the State shall agree to provide matching funds from non-Federal sources of not less than $1 for every $2 provided by the Corporation, in excess of $100,000.
‘(C) AMOUNTS GREATER THAN $250,000- For grant amounts of more than $250,000 provided by the Corporation, the State shall agree to provide matching funds from non-Federal sources of not less than $1 for every $1 provided by the Corporation, in excess of $250,000.’;
(2) by striking subsection (b) and inserting the following:
‘(b) Disaster Service- The Corporation may undertake activities, including activities carried out through part A of title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.), to involve programs that receive assistance under the national service laws in disaster relief efforts, and to support, including through mission assignments under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), nonprofit organizations and public agencies responding to the needs of communities experiencing 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, a grant under this subsection may provide not more than $1 of assistance under this subsection 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 under this paragraph in lieu of cash raised from private sources 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.’.
SEC. 1306. ALLOCATION OF ASSISTANCE TO STATES AND OTHER ELIGIBLE ENTITIES.
Section 129 (42 U.S.C. 12581) is amended to read as follows:
‘SEC. 129. PROVISION OF ASSISTANCE AND APPROVED NATIONAL SERVICE POSITIONS.
‘(a) One 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 Corporation shall allot for a grant to each such territory under this subsection for a fiscal year an 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 all 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 to be allotted by the Corporation on a competitive basis.
‘(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 National Civilian Community Corps 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-
‘(1) IN GENERAL- 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 not more than 62.7 percent for grants awarded on a competitive basis to States specified in subsection (e)(1) for national service programs, to nonprofit organizations seeking to operate a national service program in 2 or more of those States, and to Indian tribes.
‘(2) EQUITABLE TREATMENT- In the consideration of applications for such grants, the Corporation shall ensure the equitable treatment of applicants from urban areas, applicants from rural areas, applicants of diverse sizes (as measured by the number of participants served), applicants from States, and applicants from national nonprofit organizations.
‘(3) ENCORE SERVICE PROGRAMS- In making grants under this subsection for a fiscal year, the Corporation shall make an effort to allocate not less than 10 percent of the financial assistance and approved national service positions provided through the grants for that fiscal year to eligible entities proposing to carry out encore service programs, unless the Corporation does not receive a sufficient number of applications of adequate quality to justify making that percentage available to those eligible entities.
‘(4) CORPS PROGRAMS- In making grants under this subsection for a fiscal year, the Corporation—
‘(A) shall select 2 or more of the national service corps described in section 122(a) to receive grants under this subsection; and
‘(B) may select national service programs described in section 122(b) to receive such grants.
‘(e) Allotment to Certain States on Formula Basis-
‘(1) GRANTS- Of the funds allocated by the Corporation for provision of assistance under section 121(a) 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 Corporation shall allot for a grant to each such State under this subsection for a fiscal year an 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 shall be at least $600,000, or 0.5 percent of the amount allocated for the State formula under this subsection for the fiscal year, 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 entities under section 121 that propose to carry out national service programs in such State or territory; and
‘(2) make reallotments to other States or territories with approved applications submitted under section 130, from the allotment funds not used to make grants as described in paragraph (1).
‘(g) Application Required- The Corporation shall make an allotment of assistance (including the provision of approved national service positions) to a recipient under this section 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 those approved national service positions shall be made pursuant to the agreement, and the creation of those 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-
‘(1) RESERVATION- From amounts appropriated for a fiscal year pursuant to the authorization of appropriations in section 501(a)(2) and allocated to carry out subtitle C 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 subsections (b) and (c) of section 126.
‘(2) LIMITATION- The amount reserved under paragraph (1) for a fiscal year may not exceed $10,000,000.
‘(3) TIMING- The Corporation shall reserve such amount, and any amount reserved under subsection (k) from funds appropriated and allocated to carry out subtitle C, before allocating funds for the provision of assistance under any other provision of this subtitle.
‘(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 2 percent from the amounts, appropriated to carry out subtitles C, D, E, and H for each fiscal year.
‘(2) LIMITATION- The amount reserved under paragraph (1) for a fiscal year may not exceed $20,000,000.
‘(3) REMAINDER- The Chief Executive Officer may use the funds reserved under paragraph (1), and not distributed to make grants under this subsection for other activities described in 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 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 effective date of the Serve America Act, the Corporation may provide assistance in the form of fixed-amount grants to programs that only offer 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 supported by the grant; and
‘(B) based on an amount per individual enrolled in the program receiving the grant, taking into account—
‘(i) the capacity of the entity carrying out the program to manage funds and achieve programmatic results;
‘(ii) the number of approved national service positions, approved silver scholar positions, or approved summer of service positions for the program, if applicable;
‘(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 the program’s performance on standardized measures and performance levels established by the Corporation;
‘(iii) to cooperate with any evaluation activities undertaken by the Corporation; and
‘(iv) to provide assurances that additional funds will be raised in support of the program, in addition to those received under the national service laws; and
‘(B) may adopt other terms and conditions that the Corporation 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 chapter 75 of title 31, United States Code, or other requirements of Office of Management and Budget Circular A-133.’.
SEC. 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:
‘SEC. 129A. EDUCATIONAL 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 support to programs that receive approved national service positions but do not receive funds under section 121(a).
‘(b) Limit on Corporation Grant Funds- The Corporation may provide the operational support under this section for a program in an amount that is not more than $800 per individual enrolled in an approved national service position, or not more than $1,000 per such individual if at least 50 percent of the persons enrolled in the program are disadvantaged youth.
‘(c) Inapplicable Provisions- The following provisions shall not apply to programs funded under this section:
‘(1) The limitation on administrative costs under section 121(d).
‘(2) The matching funds requirements under section 121(e).
‘(3) The living allowance and other benefits under sections 131(e) and 140 (other than individualized support services for participants with disabilities under section 140(f)).’.
SEC. 1308. STATE SELECTION OF PROGRAMS.
Section 130 (42 U.S.C. 12582) is amended—
(1) in subsection (a)—
(A) by striking ‘section 121’ and inserting ‘section 121(a)’;
(B) by inserting after ‘assistance, a State,’ the following: ‘territory,’; and
(C) 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 governments of counties in which such a community is located,’ after ‘providing 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 intending to operate programs in 2 or more States, a description of the manner in which and extent to which the organization consulted with the State Commissions of each State in which the organization intends to operate and the nature of the consultation.’;
(4) in subsection (d)(1)—
(A) in subparagraphs (A) and (B), by striking ‘subsection (a) or (b) of section 121’ and inserting ‘section 121(a)’;
(B) in subparagraph (B), by striking ‘section 122(a)’ and inserting ‘subsection (a), (b), or (c) of section 122’;
(5) 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’s performance on 1 or more of the corresponding indicators described in section 122;
‘(2) information describing how the applicant proposes to utilize funds to improve performance on the corresponding indicators utilizing participants, including describing 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 proposing to carry out the program proposes to use funds to improve performance on the corresponding indicators, and 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 entities to carry out activities to improve performance on the corresponding indicators using such funds.’;
(6) in paragraph (2)(A) of subsection (f) (as so redesignated), by striking ‘were selected’ and inserting ‘were or will be selected’;
(7) 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
(8) by amending subsection (h) (as so redesignated) to read as follows:
‘(h) Limitation on Same Project Receiving Multiple Grants- Unless specifically authorized by law, the Corporation may not provide more than 1 grant under the national service laws for a fiscal year to support the same project under the national service laws.’.
SEC. 1309. NATIONAL SERVICE PROGRAM ASSISTANCE REQUIREMENTS.
Section 131(c) (42 U.S.C. 12583(c)) is amended—
(1) in paragraph (1), by striking subparagraph (A) and inserting the following:
‘(A) the community served, the municipality and government of the county (if appropriate) in which the community is located, and potential participants in the program; and’; and
(2) by striking paragraph (3) and inserting the following:
‘(3) in the case of a program that is not funded through a State (including a national service program that a nonprofit organization seeks to operate in 2 or more States), consult with and coordinate activities with the State Commission for each State in which the program will operate, and the Corporation shall 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 the program in that State.’.
SEC. 1310. PROHIBITED ACTIVITIES AND INELIGIBLE ORGANIZATIONS.
Subtitle C of title I (42 U.S.C. 12571 et seq.) is amended by inserting after section 132 the following:
‘SEC. 132A. PROHIBITED ACTIVITIES AND INELIGIBLE ORGANIZATIONS.
‘(a) Prohibited Activities- An approved national service position under this subtitle may not be used for the following activities:
‘(1) Attempting to influence legislation.
‘(2) Organizing or engaging in protests, petitions, boycotts, or strikes.
‘(3) Assisting, promoting, or deterring union organizing.
‘(4) Impairing existing contracts for services or collective bargaining agreements.
‘(5) Engaging in partisan political activities, or other activities designed to influence the outcome of an election to Federal office or the outcome of an election to a State or local public office.
‘(6) Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials.
‘(7) Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of proselytization, consistent with section 132.
‘(8) Consistent with section 132, providing a direct benefit to any—
‘(A) business organized for profit;
‘(B) labor union;
‘(C) partisan political organization;
‘(D) nonprofit organization that fails to comply with the restrictions contained in section 501(c) of the Internal Revenue Code of 1986, except that nothing in this paragraph shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; and
‘(E) organization engaged in the religious activities described in paragraph (7), unless the position is not used to support those religious activities.
‘(9) Providing abortion services or referrals for receipt of such services.
‘(10) Conducting a voter registration drive or using Corporation funds to conduct a voter registration drive.
‘(11) Carrying out such other activities as the Corporation may prohibit.
‘(b) Ineligibility- No assistance provided under this subtitle may be provided to any organization that has violated a Federal criminal statute.
‘(c) Nondisplacement of Employed Workers or Other Volunteers- A participant in an approved national service position under this subtitle may not be directed to perform any services or duties, or to engage in any activities, prohibited under the nonduplication, nondisplacement, or nonsupplantation requirements relating to employees and volunteers in section 177.’.
SEC. 1311. CONSIDERATION OF APPLICATIONS.
Section 133 (42 U.S.C. 12585) is amended—
(1) in subsection (b)(2)(B), by striking ‘jobs or’;
(2) in subsection (d)—
(A) in paragraph (2)—
(i) in the matter preceding subparagraph (A)—
(I) by striking ‘section 122(a)’ and inserting ‘subsection (a), (b), or (c) of section 122’; and
(II) by striking ‘section 129(d)(2)’ and inserting ‘section 129(d)’;
(ii) by striking subparagraphs (A) through (G) and inserting the following:
‘(A) national service programs that—
‘(i) conform to the national service priorities in effect under section 122(f);
‘(ii) are innovative; and
‘(iii) are well established in 1 or more States at the time of the application and are proposed to be expanded to additional States using assistance provided under section 121;
‘(B) grant programs in support of other national service programs if the grant programs are to be conducted by nonprofit organizations with demonstrated and extensive expertise in the provision of services to meet human, educational, environmental, or public safety needs; and
‘(C) professional corps programs described in section 122(c)(1)(D).’; and
(B) in paragraph (3), by striking ‘section 129(d)(2)’ and inserting ‘section 129(d)’;
(3) in subsection (e), by striking ‘subsections (a) and (d)(1) of section 129’ and inserting ‘subsections (d) and (e) of section 129’;
(4) in subsection (f)—
(A) in paragraph (1), by striking ‘section 129(a)(1)’ and inserting ‘section 129(e)’; and
(B) in paragraph (3)—
(i) by striking ‘section 129(a)’ and inserting ‘section 129(e)’; and
(ii) by striking ‘paragraph (3) of such subsection’ and inserting ‘section 129(f)’;
(5) by redesignating subsection (f) as subsection (g); and
(6) by inserting after subsection (e) the following:
‘(f) Views of State Commission- In making competitive awards under section 129(d), the Corporation shall solicit and consider the views of a State Commission regarding any application for assistance to carry out a national service program within the State.’.
SEC. 1312. 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 the matter preceding paragraph (1), by striking ‘section 122(a)(2) or a program described in section 122(a)(9)’ and inserting ‘section 122(a)(3)(B)(x)’; and
(B) in paragraph (1), by striking ‘paragraph (4)’ and inserting ‘paragraph (3)’; and
(3) in subsection (c), by striking ‘(a)(5)’ and inserting ‘(a)(4)’.
SEC. 1313. 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’.
SEC. 1314. TERMS OF SERVICE.
Section 139 (42 U.S.C. 12593) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘not less than 9 months and’;
(B) in paragraph (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
(C) by adding at the end the following:
‘(4) EXTENSION OF TERM FOR DISASTER PURPOSES-
‘(A) EXTENSION- 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, as appropriate, this subsection or section 153(d) or in section 104 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4954).
‘(B) SINGLE TERM OF SERVICE- A period of 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 subsections (b)(1) and (c) of section 146.
‘(C) BENEFITS- An individual performing service under this paragraph may continue to receive a living allowance and other benefits under section 140 but may not receive an additional national service educational award under section 141.’; and
(2) 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 the release, if the participant has otherwise performed satisfactorily and has completed at least 15 percent of the term of service’; and
(B) in paragraph (2)—
(i) in subparagraph (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
(ii) in subparagraph (B), by striking ‘to allow return to the program with which the individual was serving in order’.
SEC. 1315. 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 paragraph (2);
(D) by inserting after paragraph (2) (as so redesignated) the following:
‘(3) FEDERAL WORK-STUDY STUDENTS- The living allowance that may be provided under paragraph (1) to an individual whose term of service includes hours for which the individual receives a Federal work-study award under part C of title IV of the Higher Education Act of 1965 (42 U.S.C. 2751 et seq.) 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 the taxes described in this subsection.’;
(3) in subsection (c)—
(A) in the matter preceding paragraph (1)—
(i) by striking ‘section 122(a)(8)’ and inserting ‘section 122(c)(1)(D)’; and
(ii) by striking ‘subsection (a)(3)’ and inserting ‘subsection (a)(2)’;
(B) in paragraph (1), by adding ‘and’ at the end;
(C) by striking paragraph (2); and
(D) by redesignating paragraph (3) as paragraph (2);
(4) in subsection (d)—
(A) in paragraph (1)—
(i) by striking ‘shall provide’ and inserting ‘shall provide or make available’; and
(ii) by striking the second sentence; and
(B) in paragraph (2), by striking ‘provide from its own funds’ and inserting ‘provide from its own funds or make available’; and
(5) by striking subsections (g) and (h).
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.
(a) Subtitle Heading- The subtitle heading for subtitle D of title I is amended to read as follows:
‘Subtitle D—National Service Trust and Provision of Educational Awards’.
(b) Establishment of Trust- Section 145 (42 U.S.C. 12601) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by striking ‘pursuant to section 501(a)(2)’; and
(ii) in subparagraph (A), by inserting after ‘national service educational awards’ the following: ‘, summer of service educational awards, and silver scholar educational awards’;
(B) in paragraph (2)—
(i) by striking ‘pursuant to section 196(a)(2)’ and inserting ‘pursuant to section 196(a)(2), if the terms of such donations direct that the donated amounts be deposited in the National Service Trust’; and
(ii) by striking ‘and’ at the end;
(C) by redesignating paragraph (3) as paragraph (4); and
(D) by inserting after paragraph (2) the following:
‘(3) any amounts recovered by the Corporation pursuant to section 146A; 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 national service educational awards, summer of service educational awards, and silver scholar educational awards in accordance with section 148; and
‘(2) payments of interest in accordance with section 148(e).’; and
(3) in subsection (d)—
(A) in the subsection heading, by striking ‘Congress’ and inserting ‘the Authorizing Committees’;
(B) in the matter preceding paragraph (1), by striking ‘the Congress’ and inserting ‘the authorizing committees’;
(C) in paragraphs (2), (3), and (4), by inserting ‘, summer of service educational awards, or silver scholar awards’ after ‘national service educational awards’ each place the term appears; and
(D) in paragraph (4)—
(i) by inserting ‘, additional approved summer of service positions, and additional approved silver scholar positions’ after ‘additional approved national service positions’; and
(ii) by striking ‘under subtitle C’.
SEC. 1402. INDIVIDUALS ELIGIBLE TO RECEIVE AN EDUCATIONAL AWARD FROM THE TRUST.
Section 146 (42 U.S.C. 12602) is amended—
(1) by striking the section heading and inserting the following:
‘SEC. 146. INDIVIDUALS ELIGIBLE TO RECEIVE AN EDUCATIONAL AWARD FROM THE TRUST.’; and
(2) in subsection (a)—
(A) in the matter preceding paragraph (1)—
(i) by inserting ‘, summer of service educational award, or silver scholar educational award’ after ‘national service educational award’; and
(ii) by striking ‘if the individual’ and inserting ‘if the organization responsible for the individual’s supervision in a national service program certifies that the individual’;
(B) by striking paragraphs (1), (2), and (3) and inserting the following:
‘(1) met the applicable eligibility requirements for the approved national service position, approved silver scholar position, or approved summer of service position, as appropriate, in which the individual served;
‘(2)(A) for a full-time or part-time national service educational award, successfully completed the required term of service described in subsection (b)(1) in the approved national service position;
‘(B) for a partial educational award in accordance with section 139(c)—
‘(i) satisfactorily performed prior to being granted a release for compelling personal circumstances under such section; and
‘(ii) completed at least 15 percent of the required term of service described in subsection (b) for the approved national service position;
‘(C) for a summer of service educational award, successfully completed the required term of service described in subsection (b)(2) in an approved summer of service position, as certified through a process determined by the Corporation through regulations consistent with section 138(f); or
‘(D) for a silver scholar educational award, successfully completed the required term of service described in subsection (b)(3) in an approved silver scholar position, as certified through a process determined by the Corporation through regulations consistent with section 138(f); and’.
(C) by redesignating paragraph (4) as paragraph (3);
(3) in subsection (b)—
(A) by striking ‘The term’ and inserting the following:
‘(1) APPROVED NATIONAL SERVICE POSITION- The term’; and
(B) by adding at the end the following:
‘(2) APPROVED SUMMER OF SERVICE POSITION- The term of service for an approved summer of service position shall not be less than 100 hours of service during the summer months.
‘(3) APPROVED SILVER SCHOLAR POSITION- The term of service for an approved silver scholar position shall be not less than 350 hours during a 1-year period.’;
(4) by striking subsection (c) and inserting the following:
‘(c) Limitation on Receipt of National Service Educational Awards- An individual may not receive, through national service educational awards and silver scholar educational awards, more than an amount equal to the aggregate value of 2 such awards for full-time service. The value of summer of service educational awards that an individual receives shall have no effect on the aggregate value of the national service educational awards the individual may receive.’;
(5) 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’;
(iii) by inserting ‘or a silver scholar educational award’ after ‘national service educational award’;
(iv) by inserting ‘or an approved silver scholar position, as applicable,’ after ‘approved national service position’; and
(v) by adding at the end the following: ‘Subject to paragraph (2), an individual eligible to receive a summer of service educational award under this section may not use such award after the end of the 10-year period beginning on the date the individual completes the term of service in an approved summer of service position that is the basis of the award.’;
(B) in paragraph (2)—
(i) in the matter preceding subparagraph (A) and in subparagraph (A), by inserting ‘, summer of service educational award, or silver scholar educational award’ after ‘national service educational award’;
(ii) in subparagraph (A), by inserting ‘, or 10-year period, as appropriate’ after ‘7-year period’; and
(iii) in subparagraph (B), by inserting ‘, approved summer of service position, or approved silver scholar position’ after ‘approved national service position’; and
(C) by adding at the end the following:
‘(3) TERM FOR TRANSFERRED EDUCATIONAL AWARDS- For purposes of applying paragraphs (1) and (2)(A) to an individual who is eligible to receive an educational award as a designated individual (as defined in section 148(f)(8)), references to a seven-year period shall be considered to be references to a 10-year period that begins on the date the individual who transferred the educational award to the designated individual completed the term of service in the approved national service position or approved silver scholar position that is the basis of the award.’; and
(6) in subsection (e)(1)—
(A) by inserting after ‘qualifying under this section’ the following: ‘or under section 119(c)(8)’; and
(B) by inserting after ‘to receive a national service educational award’ the following: ‘, a summer of service educational award, or a silver scholar educational award’.
SEC. 1403. CERTIFICATIONS.
The Act is amended by adding after section 146 (42 U.S.C. 12602) the following:
‘SEC. 146A. CERTIFICATIONS OF SUCCESSFUL COMPLETION OF TERMS OF SERVICE.
‘(a) Certifications- In making any authorized disbursement from the National Service Trust in regard to an eligible individual (including disbursement for a designated individual, as defined in section 148(f)(8), due to the service of an eligible individual) under section 146 who served in an approved national service position, an approved summer of service position, or an approved silver scholar position, the Corporation shall rely on a certification. The certification shall be made by the entity that selected the individual for and supervised the individual in the approved national service position in which such individual successfully completed a required term of service, in a national service program.
‘(b) Effect of Erroneous Certifications- If the Corporation determines that the certification under subsection (a) is erroneous or incorrect, the Corporation shall assess against the national service program a charge for the amount of any associated payment or potential payment from the National Service Trust. In assessing the amount of the charge, the Corporation shall consider the full facts and circumstances surrounding the erroneous or incorrect certification.’.
SEC. 1404. DETERMINATION OF THE AMOUNT OF THE EDUCATIONAL AWARD.
Section 147 (42 U.S.C. 12603) is amended—
(1) by striking the section heading and inserting the following:
‘SEC. 147. DETERMINATION OF THE AMOUNT OF THE EDUCATIONAL AWARD.’; and
(2) 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 under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) that a student eligible for such Grant may receive in the aggregate (without regard to whether the funds are provided through discretionary or mandatory appropriations), for the award year for which the national service position is approved by the Corporation.’;
(3) in subsection (b), by striking ‘, for each of not more than 2 of such terms of service,’; and
(4) by adding at the end the following:
‘(d) Amount for Summer of Service- An individual described in section 146(a) who successfully completes a required summer of service term shall receive a summer of service educational award having a value, for each of not more than 2 of such terms of service, equal to $500 (or, at the discretion of the Chief Executive Officer, equal to $750 in the case of a participant who is economically disadvantaged).
‘(e) Amount for Silver Scholars- An individual described in section 146(a) who successfully completes a required silver scholar term shall receive a silver scholar educational award having a value of $1,000.’.
SEC. 1405. DISBURSEMENT OF EDUCATIONAL AWARDS.
Section 148 (42 U.S.C. 12604) is amended—
(1) by striking the section heading and inserting the following:
‘SEC. 148. DISBURSEMENT OF EDUCATIONAL AWARDS.’;
(2) 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 is approved under chapter 36 of title 38, United States Code, or other applicable provisions of law, for offering programs of education, apprenticeship, or on-job training for which educational assistance may be provided by the Secretary of Veterans Affairs; and’;
(3) in subsection (b)—
(A) in paragraph (1), by inserting after ‘the national service educational award of the individual’ the following: ‘, an eligible individual under section 146(a) who served in a summer of service program and desires to apply that individual’s summer of service educational award, or an eligible individual under section 146(a) who served in a silver scholar program and desires to apply that individual’s silver scholar educational award,’;
(B) in paragraph (2), by inserting after ‘the national service educational award’ the following: ‘, the summer of service educational award, or the silver scholar educational award, as applicable,’;
(C) in paragraph (5), by inserting after ‘the national service educational award’ the following: ‘, the summer of service educational award, or the silver scholar educational award, as applicable’; and
(D) in paragraph (7)—
(i) in subparagraph (A), by striking ‘and’ at the end;
(ii) in subparagraph (B), by striking the period and inserting ‘; and’; and
(iii) 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 (20 U.S.C. 1087a et seq.);
‘(iii) a State agency; or
‘(iv) a lender otherwise determined by the Corporation to be eligible to receive disbursements from the National Service Trust.’;
(4) in subsection (c)—
(A) in paragraph (1), by inserting after ‘national service educational award’ the following: ‘, an eligible individual under section 146(a) who desires to apply the individual’s summer of service educational award, or an eligible individual under section 146(a) who served in a silver scholar program and desires to apply that individual’s silver scholar educational award,’;
(B) in paragraph (2)—
(i) in subparagraph (A), by inserting after ‘national service educational award’ the following: ‘, summer of service educational award, or silver scholar educational award, as applicable,’; and
(ii) in subparagraph (C)(iii), by inserting after ‘national service educational awards’ the following: ‘, summer of service educational awards, or silver scholar educational awards, as applicable,’;
(C) in paragraph (3), by inserting after ‘national service educational awards’ the following: ‘summer of service educational awards, or silver scholar educational awards’;
(D) in paragraph (5)—
(i) in the first sentence, by inserting after ‘national service educational award’ the following: ‘, summer of service educational award, or silver scholar educational award, as applicable,’; and
(ii) in the third sentence, by inserting before the period the following: ‘, additional approved summer of service positions, and additional approved silver scholar positions’; and
(E) in paragraph (6)—
(i) in the matter preceding subparagraph (A), by inserting after ‘national service educational award’ the following: ‘, summer of service educational award, or silver scholar educational award’;
(ii) in subparagraph (A), by inserting ‘and other educational expenses’ after ‘cost of attendance’; and
(iii) by striking subparagraph (B) and inserting the following:
‘(B) the student’s estimated financial assistance for such period under part A of title IV of such Act (20 U.S.C. 1070 et seq.).’;
(5) in subsection (d), by inserting after ‘national service educational awards’ the following: ‘, summer of service educational awards, and silver scholar educational awards’;
(6) in subsection (e), by striking ‘subsection (b)(6)’ and inserting ‘subsection (b)(7)’;
(7) in subsection (f)—
(A) by striking ‘Director’ and inserting ‘Chief Executive Officer’; and
(B) by inserting ‘, summer of service educational award, or silver scholar educational award, as appropriate,’ after ‘national service educational award’;
(8) by redesignating subsections (f) and (g) as subsections (g) and (h) respectively; and
(9) by inserting after subsection (e) the following:
‘(f) Transfer of Educational Awards-
‘(1) IN GENERAL- An individual who is eligible to receive a national service educational award or silver scholar educational award due to service in a program described in paragraph (2) may elect to receive the award (in the amount described in the corresponding provision of section 147) and transfer the award to a designated individual. Subsections (b), (c), and (d) shall apply to the designated individual in lieu of the individual who is eligible to receive the national service educational award or silver scholar educational award, except that amounts refunded to the account under subsection (c)(5) on behalf of a designated individual may be used by the Corporation to fund additional placements in the national service program in which the eligible individual who transferred the national service educational award or silver scholar educational award participated for such award.
‘(2) CONDITIONS FOR TRANSFER- An educational award may be transferred under this subsection if—
‘(A)(i) the award is a national service educational award for service in a national service program that receives a grant under subtitle C; and
‘(ii) before beginning the term of service involved, the eligible individual is age 55 or older; or
‘(B) the award is a silver scholarship educational award under section 198C(a).
‘(3) MODIFICATION OR REVOCATION-
‘(A) IN GENERAL- An individual transferring an educational award under this subsection may, on any date on which a portion of the educational award remains unused, modify or revoke the transfer of the educational award with respect to that portion.
‘(B) NOTICE- A modification or revocation of the transfer of an educational award under this paragraph shall be made by the submission of written notice to the Corporation.
‘(4) PROHIBITION ON TREATMENT OF TRANSFERRED AWARD AS MARITAL PROPERTY- An educational award transferred under this subsection may not be treated as marital property, or the asset of a marital estate, subject to division in a divorce or other civil proceeding.
‘(5) DEATH OF TRANSFEROR- The death of an individual transferring an educational award under this subsection shall not affect the use of the educational award by the child, foster child, or grandchild to whom the educational award is transferred if such educational award is transferred prior to the death of the individual.
‘(6) PROCEDURES TO PREVENT WASTE, FRAUD, OR ABUSE- The Corporation shall establish requirements to prevent waste, fraud, or abuse in connection with the transfer of an educational award and to protect the integrity of the educational award under this subsection.
‘(7) TECHNICAL ASSISTANCE- The Corporation may, as appropriate, provide technical assistance, to individuals and eligible entities carrying out national service programs, concerning carrying out this subsection.
‘(8) DEFINITION OF A DESIGNATED INDIVIDUAL- In this subsection, the term ‘designated individual’ is an individual—
‘(A) whom an individual who is eligible to receive a national service educational award or silver scholar educational award due to service in a program described in paragraph (2) designates to receive the educational award;
‘(B) who meets the eligibility requirements of paragraphs (3) and (4) of section 146(a); and
‘(C) who is a child, foster child, or grandchild of the individual described in subparagraph (A).’.
SEC. 1406. APPROVAL PROCESS FOR APPROVED POSITIONS.
(a) In General- Subtitle D of title I (42 U.S.C. 12601 et seq.) is amended by adding at the end the following new section:
‘SEC. 149. APPROVAL PROCESS FOR APPROVED POSITIONS.
‘(a) Timing and Recording Requirements-
‘(1) IN GENERAL- Notwithstanding subtitles C, D, and H, and any other provision of law, in approving a position as an approved national service position, an approved summer of service position, or an approved silver scholar 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, section 198B or 198C(a), or under title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.), a summer of service program described in section 119(c)(8), or a silver scholarship program described in section 198C(a); 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, summer of service educational award, or silver scholar 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, summer of service educational awards, or silver scholar educational awards, as appropriate, 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 authorizing committees 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, approved summer of service position, or approved silver scholarship position that the Corporation approves—
‘(A) during fiscal year 2010; and
‘(B) during any subsequent fiscal year.
‘(b) Reserve Account-
‘(1) ESTABLISHMENT AND CONTENTS-
‘(A) ESTABLISHMENT- Notwithstanding subtitles C, D, and H, 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, approved summer of service positions, and approved silver scholar positions, for each fiscal year, the Corporation shall place in the account—
‘(i) during fiscal year 2010, a portion of the funds that were appropriated for fiscal year 2010 or a previous fiscal year under section 501 of this Act or section 501 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5081), were made available to carry out subtitle C, D, or E of this title, section 198B or 198C(a), subtitle A of title I of the Domestic Volunteer Service Act of 1973, or summer of service programs described in section 119(c)(8), and remain available; and
‘(ii) during fiscal year 2011 or a subsequent fiscal year, a portion of the funds that were appropriated for that fiscal year under section 501 of this Act or section 501 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5081), were made available to carry out subtitle C, D, or E of this title, section 198B or 198C(a), subtitle A of title I of the Domestic Volunteer Service Act of 1973, or summer of service programs described in section 119(c)(8), 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, summer of service educational awards associated with previously approved summer of service positions, and silver scholar educational awards associated with previously approved silver scholar positions; or
‘(B) obligates the funds for the payment of national service educational awards for such previously approved national service positions, summer of service educational awards for such previously approved summer of service positions, or silver scholar educational awards for such previously approved silver scholar positions, as applicable.
‘(c) Audits- The accounts of the Corporation relating to the appropriated funds for approved national service positions, approved summer of service positions, and approved silver scholar 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, summer of service educational awards, or silver scholar educational awards under section 148.’.
(b) Conforming Repeal- The Strengthen AmeriCorps Program Act (42 U.S.C. 12605) is repealed.