[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1004 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1004

 To establish a program of mandatory national service for young people 
                         in the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 18, 1993

 Mr. Shays (for himself and Mr. Mfume) introduced the following bill; 
 which was referred jointly to the Committees on Education and Labor, 
Post Office and Civil Service, Ways and Means, Energy and Commerce, and 
                            Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
 To establish a program of mandatory national service for young people 
                         in the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National American Youth Service 
Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Purpose.
 TITLE I--IMPOSITION AND TERM OF MANDATORY NATIONAL SERVICE OBLIGATION

Sec. 101. Obligation to perform national service.
Sec. 102. Registration of national service participants.
Sec. 103. Types of national service to satisfy obligation.
Sec. 104. Failure to register or complete national service obligation.
Sec. 105. Exemptions and deferments.
              TITLE II--ADMINISTRATION OF NATIONAL SERVICE

Sec. 201. Office of National Service.
Sec. 202. Recording the performance of national service.
Sec. 203. Other duties of the Director.
Sec. 204. State national service offices and local national service 
                            boards.
Sec. 205. Accreditation of sponsor organizations.
Sec. 206. Authorization of appropriations.
           TITLE III--MISCELLANEOUS NATIONAL SERVICE PROGRAMS

Sec. 301. American Conservation and Youth Corps.
Sec. 302. Volunteers in Service to America.
Sec. 303. Peace Corps.
Sec. 304. Urban Elementary School Literacy Corps.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) The terms ``national service participant'' and 
        ``participant'' mean an individual who is obligated to perform 
        national service under section 101.
            (2) The term ``sponsor organization'' means a nonprofit 
        organization accredited by a State national service office 
        through which a national service participant may perform 
        national service in satisfaction of the participant's service 
        obligation.
            (3) The term ``nonprofit organization'' means an 
        organization--
                    (A) described in section 501(c) of the Internal 
                Revenue Code of 1986 (26 U.S.C. 501(c)); and
                    (B) exempt from taxation under section 501(a) of 
                such Code (26 U.S.C. 501(a)).
            (4) The terms ``Office of National Service'' and ``Office'' 
        mean the Office of National Service established under section 
        201.
            (5) The term ``Director'' means the Director of the Office 
        of National Service.
            (6) The term ``State'' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, and 
        any territory or possession of the United States.

SEC. 4. PURPOSE.

    It is the purpose of this Act--
            (1) to instill in American youth a spirit of service and 
        commitment to country and foster a sense of responsibility 
        toward the betterment of the United States through service to 
        oneself and to others;
            (2) to provide an experience which affords American youth 
        not only the values and rewards concomitant with serving others 
        but also the opportunity to acquire leadership and 
        organizational and other practical skills beneficial to success 
        in future endeavors; and
            (3) to provide meaningful volunteer assistance to 
        organizations seeking to accomplish objectives beneficial to 
        individuals, communities, States, and the United States.

 TITLE I--IMPOSITION AND TERM OF MANDATORY NATIONAL SERVICE OBLIGATION

SEC. 101. OBLIGATION TO PERFORM NATIONAL SERVICE.

    (a) Service Obligation.--It is the obligation of each individual 
who is a citizen of the United States or lawfully admitted for 
permanent residence in the United States and who attains the age of 18 
years on or after October 1, 1995, to perform not less than 1,000 hours 
of national service to the United States in accordance with this Act.
    (b) Period for Service.--A national service participant may begin 
to satisfy the national service obligation imposed by subsection (a) 
upon attaining the age of 16 years and shall complete the 1,000 hours 
of required service before the participant attains the age of 26 years.
    (c) Consideration of Prior Service.--Any service of a type 
described in section 103 that is performed by a national service 
participant before October 1, 1995, shall not be counted toward 
satisfying the national service obligation imposed by subsection (a). 
Any such service performed by a participant before registration under 
section 102 shall not be counted toward satisfying the national service 
obligation.
    (d) Rule for New Citizens and Permanent Residents After Age 18.--
            (1) Permanent residents.--An individual who is lawfully 
        admitted for permanent residence in the United States after 
        attaining the age of 18 years, but before attaining the age of 
        26 years, shall perform a number of hours of national service 
        equal to the product of--
                    (A) 10.5 hours; and
                    (B) the number of whole months remaining after 
                admission for permanent residence until the individual 
                attains the age of 26 years.
            (2) Citizens.--An individual who becomes a citizen of the 
        United States after attaining the age of 18 years, but before 
        attaining the age of 26 years, and who has not previously 
        registered under section 102, shall perform a number of hours 
        of national service equal to the product of--
                    (A) 10.5 hours; and
                    (B) the number of whole months remaining after 
                naturalization until the individual attains the age of 
                26 years.
            (3) Period for service.--An individual subject to this 
        subsection shall complete the determined number of hours of 
        required service before the individual attains the age of 26 
        years or such later date as the Office of National Service may 
        authorize.

SEC. 102. REGISTRATION OF NATIONAL SERVICE PARTICIPANTS.

    (a) Registration Required.--A national service participant shall 
register with the local national service board for the congressional 
district within which the participant resides not later than 90 days 
after attaining the age of 18 years.
    (b) Rule for New Citizens and Permanent Residents.--An individual 
who is lawfully admitted for permanent residence in the United States 
after attaining the age of 18 years, but before attaining the age of 26 
years, shall register with the local national service board for the 
congressional district within which the individual resides not later 
than 90 days after attaining that status. An individual who becomes a 
citizen of the United States after attaining the age of 18 years, but 
before attaining the age of 26 years, and who has not previously 
registered shall register with the local national service board for the 
congressional district within which the individual resides not later 
than 90 days after naturalization.
    (c) Advanced Registration.--If an individual who will become a 
national service participant desires to begin to satisfy the national 
service obligation imposed by section 101(a) between the ages of 16 and 
18 years, the individual may register under this section at any time 
after attaining the age of 16 years.
    (d) Form and Content of Registration.--The Director shall issue 
rules prescribing the form and manner of registration to be used by a 
national service participant. Such rules may require the participant to 
provide, as part of the registration, such identifying information 
(including date of birth, address, and social security account number) 
as the Director considers to be necessary.

SEC. 103. TYPES OF NATIONAL SERVICE TO SATISFY OBLIGATION.

    (a) Service With Sponsor Organization or Federal Volunteer 
Program.--
            (1) Service.--A national service participant may satisfy 
        the national service obligation imposed by section 101(a) by 
        serving as a nominally-paid volunteer with--
                    (A) a sponsor organization accredited under section 
                205; or
                    (B) a Federal volunteer program established by a 
                Federal agency pursuant to the recommendations of the 
                task force under section 201(d) or identified by the 
                task force under such section.
            (2) Compensation.--A sponsor organization or Federal 
        volunteer program accepting a participant shall pay the 
        participant $1.00 for each hour of service performed by the 
        participant that is counted toward the national service 
        obligation of the participant.
            (3) Tax treatment.--The compensation paid under paragraph 
        (2) shall not be included in gross income and shall not be 
        subject to any employment tax.
    (b) Service With Certain Existing Programs.--A national service 
participant who is selected or enrolled as a member of one of the 
following national service programs shall have service in that program 
counted toward the national service obligation imposed by section 
101(a) if the participant completes the period of obligated service 
required as a part of such membership:
            (1) The Peace Corps established under the Peace Corps Act 
        (22 U.S.C. 2501 et seq.)
            (2) A National Volunteer Antipoverty Program established 
        under title I of the Domestic Volunteer Service Act of 1973 (42 
        U.S.C. 4951 et seq.).
            (3) The Urban Elementary School Literacy Corps established 
        under section 4703 of the Elementary and Secondary Education 
        Act of 1965, as added by section 304.
            (4) The American Conservation and Youth Corps and other 
        programs administered by the Commission on National and 
        Community Service under title I of the National and Community 
        Service Act of 1990 (42 U.S.C. 12411 et seq.).
            (5) The National Health Service Corps established under 
        section 331 of the Public Health Service Act (42 U.S.C. 254d).
    (c) Service in Certain Employment Positions.--A national service 
participant who is employed as a law enforcement officer or firefighter 
by a Federal agency or a State or local government for not less than 
two years before the participant attains the age of 26 years shall be 
considered to have satisfied the national service obligation imposed on 
the participant by section 101(a).
    (d) Service in the Armed Forces.--A member of an active or reserve 
component of the Armed Forces shall be considered to have satisfied the 
national service obligation imposed by section 101(a) unless the member 
is separated under adverse conditions before the member attains the age 
of 26 years.
    (e) Participation in Job Training.--A national service participant 
who enrolls in the Job Corps established under section 422 of the Job 
Training Partnership Act (29 U.S.C. 1692), a job training program for 
the economically disadvantaged under title II of such Act (29 U.S.C. 
1601 et seq.), or a comparable job training program of a State shall 
have service in that program counted toward the national service 
obligation imposed by section 101(a) if the participant successfully 
completes the training.

SEC. 104. FAILURE TO REGISTER OR COMPLETE NATIONAL SERVICE OBLIGATION.

    (a) Effect of Failure.--Except as provided in section 105, an 
individual who is required to register under section 102 and who 
knowingly and willfully fails to register within the time specified in 
that section and a national service participant who fails to complete 
the national service obligation imposed by section 101(a) before the 
participant attains the age of 26 years shall be ineligible for the 
following Federal employment opportunities, programs, and assistance:
            (1) Appointment to a position in an Executive agency.
            (2) The health insurance program under title XVIII of the 
        Social Security Act (42 U.S.C. 1395c et seq.).
            (3) Federal old-age, survivors, and disability insurance 
        benefits provided under title II of the Social Security Act (42 
        U.S.C. 401 et seq.).
            (4) Any grant, loan, or work assistance under title IV of 
        the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
            (5) Student assistance under part C of title VII of the 
        Public Health Service Act (42 U.S.C. 294 et seq.).
            (6) Job training and employment assistance under the Job 
        Training Partnership Act (29 U.S.C. 1501 et seq.).
    (b) Verification.--The Director of the Office of National Service, 
in consultation with the heads of affected Federal agencies, shall 
issue rules to implement the requirements of subsection (a) and verify 
the compliance of an individual with the registration and national 
service obligations imposed by sections 101 and 102.
    (c) Appeal.--The rules issued under subsection (b) shall provide 
that any individual who is denied Federal employment or assistance or 
services described in subsection (a) for failure to meet the 
registration or service requirements of section 101 or 102 shall be 
given notice of the proposed denial and shall have a suitable period 
(of not less than 30 days) after such notice to provide the Director 
with information and materials to establish the compliance of the 
individual with the requirement that is the basis for the denial. The 
Director may afford the individual an opportunity for a hearing to 
establish the compliance or for any other purpose.

SEC. 105. EXEMPTIONS AND DEFERMENTS.

    (a) Exemptions.--An individual who is determined, in accordance 
with standards established by the Director, to be physically, mentally, 
or otherwise unfit to perform national service under this Act is exempt 
from the obligation to perform national service imposed by section 101 
and to register under section 102.
    (b) Deferments.--The following individuals shall be temporarily 
deferred, in accordance with standards established by the Director, 
from the obligation to perform national service under this Act:
            (A) An individual found to be physically, mentally, or 
        otherwise unfit for service under this Act on a temporary 
        basis. The deferment shall last for as long as the condition of 
        unfitness continues.
            (B) An individual granted a hardship deferment in 
        accordance with subsection (c).
    (c) Hardship Deferments.--An individual who is or will become a 
national service participant may apply to the Director for a temporary 
deferment for hardship reasons at any time before or during 
participation in national service under this Act.

              TITLE II--ADMINISTRATION OF NATIONAL SERVICE

SEC. 201. OFFICE OF NATIONAL SERVICE.

    (a) Establishment.--There is established in the executive branch of 
the Federal Government an office to be known as the Office of National 
Service to regulate and oversee the registration of national service 
participants and the performance of national service by participants.
    (b) Director.--The Office shall be under the supervision of a 
Director who shall be appointed by the President, by and with the 
advice and consent of the Senate. The first Director shall be appointed 
not later than 90 days after the date of the enactment of this Act.
    (c) Initial Operation of Office.--The Director shall ensure that 
the Office is fully operational by October 1, 1995.
    (d) Task Force.--There is established a task force on national 
service which shall consist of the Director and a representative of 
each Executive department. The task force shall identify existing 
opportunities in the Federal Government for the performance of 
volunteer services and consider methods to expand opportunities for 
national service participants to satisfy their national service 
obligations through programs operated by the Federal Government. Not 
later than nine months after the date of the enactment of this Act, the 
task force shall submit a report to the President and Congress 
regarding the results of its activities under this subsection.

SEC. 202. RECORDING THE PERFORMANCE OF NATIONAL SERVICE.

    (a) Record Keeping System.--The Director shall establish a system 
to track and record the performance of national service by national 
service participants.
    (b) Use of Existing Record Keeping Mechanisms.--In establishing the 
record keeping system under subsection (a), the Director shall consider 
the feasibility of using the personnel and facilities of the Selective 
Service System to record the performance of national service by 
national service participants. The Director shall also consult with the 
Commissioner of Internal Revenue regarding the feasibility of using the 
written statement required to be provided to employees under section 
6051 of the Internal Revenue Code of 1986 (26 U.S.C. 6051) as a means--
            (1) to record the number of hours of national service 
        performed by a participant in satisfaction of the national 
        service obligation imposed by section 101; and
            (2) to provide this information to the Director to 
        determine compliance with such obligation.
    (c) Notice Upon Completion.--The Director shall provide written 
notice to each national service participant as soon as possible after 
the participant completes the national service obligation imposed by 
section 101.

SEC. 203. OTHER DUTIES OF THE DIRECTOR.

    (a) Information Services.--The Director shall develop informational 
materials regarding registration and national service obligations under 
this Act for dissemination to individuals who are required to register 
and perform national service under this Act.
    (b) Promotion.--In cooperation with schools, State national service 
offices, local national service boards, and sponsor organizations, the 
Director shall carry out activities to promote the concept of national 
service and to ensure that individuals who are required to register and 
perform national service under this Act become aware of their 
responsibilities.
    (c) Consultation.--The Director shall periodically consult with 
sponsor organizations and other entities using national service 
participants and current and former participants to improve the Office 
and the regulation and oversight of the registration of participants 
and the performance of national service.

SEC. 204. STATE NATIONAL SERVICE OFFICES AND LOCAL NATIONAL SERVICE 
              BOARDS.

    (a) Local Assistance for Participants.--The Director shall 
establish a network consisting of a State national service office for 
each State and a local national service board for each congressional 
district to carry out the registration of national service 
participants, to assist participants to find and perform national 
service in satisfaction of their national service obligation, and to 
approve sponsor organizations. With the cooperation of the Director of 
Selective Service, the Director of the Office of National Service may 
use State headquarters and local boards of the Selective Service System 
as a part of the network.
    (b) Duties.--Each State national service office and local national 
service board shall--
            (1) disseminate information regarding registration and 
        national service obligations under this Act;
            (2) provide information and counseling services to national 
        service participants regarding national service opportunities, 
        including through the use of toll-free telephone access; and
            (3) investigate complaints arising between participants and 
        sponsor organizations.

SEC. 205. ACCREDITATION OF SPONSOR ORGANIZATIONS.

    (a) Application.--A nonprofit organization that desires to serve as 
a sponsor organization for national service participants in a State 
shall submit an application to the State national service office for 
that State. The application shall be in such form and contain such 
information and assurances as the Director may require by rules, 
including assurances that the nonprofit organization--
            (1) will perform such record keeping activities as may be 
        required to properly credit the national service performed by a 
        participant with the nonprofit organization; and
            (2) will pay the participant $1.00 for each hour of service 
        performed by a participant with the nonprofit organization that 
        is counted toward the national service obligation of the 
        participant.
    (b) Agreement.--A State national service office may enter into an 
agreement with a nonprofit organization that submits an application 
under subsection (a) under which the nonprofit organization is 
accredited as a sponsor organization through which national service 
participants may perform national service in satisfaction of the 
national service obligation under section 101.
    (c) Directory of Sponsor Organizations.--A State national service 
office shall establish and maintain a directory of sponsor 
organizations accredited by the office. The directory shall be 
available to national service participants.
    (d) Acceptance of Participants.--The actual selection of a national 
service participant to perform service with a sponsor organization 
shall be left to the discretion of the organization.

SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Director to carry out 
titles I and II--
            (1) $20,000,000 for fiscal year 1994;
            (2) $40,000,000 for fiscal year 1995;
            (3) $80,000,000 for fiscal year 1996;
            (4) $160,000,000 for fiscal year 1997; and
            (5) $160,000,000 for fiscal year 1998.

           TITLE III--MISCELLANEOUS NATIONAL SERVICE PROGRAMS

SEC. 301. AMERICAN CONSERVATION AND YOUTH CORPS.

    (a) Authorization of Appropriations.--Subtitle C of title I of the 
National and Community Service Act of 1990 is amended by inserting 
after section 135 (42 U.S.C. 12555) the following new section:

``SEC. 136. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to the Commission for 
grants under this subtitle--
            ``(1) $30,000,000 for fiscal year 1994;
            ``(2) $60,000,000 for fiscal year 1995;
            ``(3) $120,000,000 for fiscal year 1996;
            ``(4) $240,000,000 for fiscal year 1997; and
            ``(5) $480,000,000 for fiscal year 1998.''.
    (b) Conforming Amendments.--Section 501(a) of such Act (42 U.S.C. 
12681) is amended--
            (1) in paragraph (1)(A), by striking ``C,''; and
            (2) in paragraph (2)--
                    (A) by striking subparagraph (B); and
                    (B) by redesignating subparagraphs (C) and (D) as 
                subparagraphs (B) and (C), respectively.
    (c) Special Effective Date.--The amendments made by subsection (b) 
shall take effect on October 1, 1993.

SEC. 302. VOLUNTEERS IN SERVICE TO AMERICA.

    (a) Authorization of Appropriations.--Subsection (a)(1) of section 
501 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5081) is 
amended--
            (1) by striking ``$25,000,000 for fiscal year 1987'' and 
        all that follows through ``1992, and''; and
            (2) by inserting before the period the following: 
        ``$60,000,000 for fiscal year 1994, $75,000,000 for fiscal year 
        1995, $105,000,000 for fiscal year 1996, $220,000,000 for 
        fiscal year 1997, and $450,000,000 for fiscal year 1998''.
    (b) Number of Volunteers.--Subsection (d) of such section is 
amended--
            (1) in paragraph (1), by striking subparagraphs (A) through 
        (G) and inserting the following new subparagraphs:
            ``(A) 3,400 years of volunteer service in fiscal year 1993;
            ``(B) 4,000 years of volunteer service in fiscal year 1994;
            ``(C) 5,000 years of volunteer service in fiscal year 1995;
            ``(D) 7,000 years of volunteer service in fiscal year 1996;
            ``(E) 15,000 years of volunteer service in fiscal year 
        1997; and
            ``(F) 30,000 years of volunteer service in fiscal year 
        1998.'';
            (2) by striking paragraph (3); and
            (3) by redesignating paragraph (4) as paragraph (3).

SEC. 303. PEACE CORPS.

    (a) Authorization of Appropriations.--Section 3 of the Peace Corps 
Act (22 U.S.C. 2502) is amended by striking subsection (b) and 
inserting the following new subsection:
    ``(b) There are authorized to be appropriated to carry out the 
purposes of this Act $270,000,000 for fiscal year 1994, $340,000,000 
for fiscal year 1995, $400,000,000 for fiscal year 1996, $450,000,000 
for fiscal year 1997, and $500,000,000 for fiscal year 1998.''.
    (b) Number of Volunteers.--Such section is further amended by 
inserting after subsection (c) the following new subsection:
    ``(d) From the amounts appropriated under subsection (b), the 
President shall endeavor to maintain an enrollment in the Peace Corps 
of not less than 8,000 volunteers during fiscal year 1994, 10,000 
volunteers during fiscal year 1995, 12,000 volunteers during fiscal 
year 1996, 14,000 volunteers during fiscal year 1997, and 15,000 
volunteers during fiscal year 1998.''.

SEC. 304. URBAN ELEMENTARY SCHOOL LITERACY CORPS.

    (a) In General.--Title IV of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 2701 et seq.) is amended by adding at the end 
the following new part:

            ``PART G--URBAN ELEMENTARY SCHOOL LITERACY CORPS

``SEC. 4701. STATEMENT OF PURPOSE.

    ``It is the purpose of this part--
            ``(1) to enhance the reading and writing skills of children 
        in the United States by providing individual attention and 
        instruction to 1st and 2d grade students through a network of 
        volunteers; and
            ``(2) to place 2 volunteers in each 1st and 2d grade 
        classroom located in an urban elementary school by January 1, 
        1997.

``SEC. 4702. DEFINITIONS.

    ``For purposes of this part:
            ``(1) The term `Corps' means the Urban Elementary School 
        Literacy Corps established under section 4703.
            ``(2) The term `poverty line for a single individual' means 
        the poverty line established by the Director of the Office of 
        Management and Budget in accordance with section 673(2) of the 
        Community Services Block Grant Act (42 U.S.C. 9902(2)).
            ``(3) The term `State' means any of the several States, the 
        District of Columbia, the Virgin Islands of the United States, 
        the Commonwealth of Puerto Rico, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, the Republic of 
        the Marshall Islands, the Federated States of Micronesia, or 
        Palau.
            ``(4) The term `urban elementary school' means a public 
        elementary school that is located in an urbanized area.
            ``(5) The term `urbanized area' means an urbanized area 
        delineated by the Secretary of Commerce for purposes of 
        preparing statistical data derived from a decennial census of 
        population.
            ``(6) The term `volunteer' means an individual who is 
        tutoring in an urban elementary school pursuant to an 
        assignment by the Secretary under section 4703, or an 
        individual who is receiving preservice or inservice training 
        related to such an assignment.

``SEC. 4703. PROGRAM ESTABLISHED.

    ``(a) In General.--The Secretary shall establish an Urban 
Elementary School Literacy Corps for the purpose of recruiting, 
selecting, training, and assigning volunteers to provide individual 
attention and instruction in reading and writing to 1st and 2d grade 
students in urban elementary schools.
    ``(b) Assignment of Volunteers.--The Secretary shall assign to an 
urban elementary school that has satisfied the requirements of 
subsection (c) the number of volunteers selected under subsection (d) 
that the Secretary determines is necessary and practicable to carry out 
this part, taking into account the demand for the services of 
volunteers and the number of volunteers available for service.
    ``(c) Qualifying Urban Elementary Schools.--An urban elementary 
school is eligible to have the Secretary assign volunteers to it if the 
school--
            ``(1) has submitted an application to the Secretary in 
        accordance with the procedures established by the Secretary; 
        and
            ``(2) has designated a member of its staff as a sponsor for 
        volunteers.
    ``(d) Qualifying Volunteers.--(1) The Secretary shall select 
volunteers from among individuals who--
            ``(A) have submitted an application to the Secretary in 
        accordance with the procedures established by the Secretary;
            ``(B) have completed their secondary education;
            ``(C) possess the other skills and qualifications that the 
        Secretary determines are necessary to carry out the purpose of 
        the Corps;
            ``(D) have undertaken to fulfill the obligations in section 
        4704(d)(2); and
            ``(E) have notified the Secretary of such undertaking 
        within the time limit in such section.
    ``(2) The Secretary shall approve the application of each 
individual who meets the requirements in paragraph (1).
    ``(3) Paragraph (2) shall not preclude the Secretary from 
establishing a limit on the number of volunteers whose applications may 
be approved if the limit relates to the amount of the funds 
appropriated for this part.
    ``(e) Placement of Volunteers.--The Secretary shall provide for the 
assignment of each applicant approved as a volunteer to an urban 
elementary school that is, to the maximum extent practicable, 
consistent with the preferences concerning geographic location of 
service that are set forth in the application submitted by the 
applicant pursuant to subsection (d).

``SEC. 4704. TERMS AND CONDITIONS OF SERVICE.

    ``(a) Period of Service.--A volunteer may be enrolled or reenrolled 
for periods of full-time service of not less than 9 months during 
regular or summer school sessions, or both. A volunteer may not serve 
for more than a total of 24 months. The time limitations in this 
subsection shall include any period of inservice training and any 
period of preservice training under section 4705.
    ``(b) Stipend.--(1) The Secretary may provide a stipend to 
volunteers, while they are in training and during their assignments. 
Such stipend shall not exceed $95 per month.
    ``(2) A stipend provided under paragraph (1) shall be payable only 
on completion of a period of service, except that under such 
circumstances as the Secretary shall determine, in accordance with 
regulations that the Secretary shall prescribe, the accrued stipend, or 
any part of the accrued stipend, may be paid to the volunteer, or, on 
behalf of the volunteer, to members of the family of the volunteer or 
others during the period of the volunteer's service. In the event of 
the death of a volunteer during service, the amount of any unpaid 
stipend shall be paid in accordance with the provisions of section 5582 
of title 5, United States Code.
    ``(c) Allowances and Support Services.--(1) The Secretary shall 
provide volunteers the living, travel (including travel to and from 
locations to which volunteers are assigned during periods of service) 
and leave allowances, and the housing, supplies, equipment, 
subsistence, training, clothing, health and dental care, 
transportation, supervision, technical assistance, and other support 
that the Secretary considers necessary and appropriate to carry out the 
purpose and provisions of this part. The Secretary shall ensure that 
each volunteer has available such allowances and support as will enable 
the volunteer to carry out the purpose and provisions of this part and 
to perform effectively the work to which the volunteer is assigned.
    ``(2)(A) The Secretary shall fix the subsistence allowance for 
volunteers under paragraph (1) for each fiscal year so that--
            ``(i) the minimum allowance is not less than an amount 
        equal to 95 percent of the poverty line (as defined in section 
        673(2) of the Community Services Block Grant Act (42 U.S.C. 
        9902(2))) for a single individual as expected for each fiscal 
        year; and
            ``(ii) the average subsistence allowance, excluding 
        allowances for Hawaii, Guam, American Samoa, and Alaska, is not 
        less than 105 percent of such poverty line.
    ``(B) The Secretary shall make a determination of the cost of 
living within each State and whether there are significant local price 
differentials within the State. The Secretary shall adjust the 
subsistence allowances for volunteers serving in areas that have a 
higher cost of living than the national average to reflect such higher 
cost.
    ``(C) The Secretary shall consult with the Director of the ACTION 
Agency in fixing and adjusting the subsistence allowances under this 
paragraph.
    ``(d) Notice and Acceptance of Terms and Conditions.--(1) The 
Secretary shall mail to each individual who meets the requirements in 
subparagraphs (A), (B), and (C) of section 4703(d)(1) a notice 
containing--
            ``(A) the name and address of the urban elementary school 
        to which the Secretary proposes to assign the individual for 
        service as a volunteer;
            ``(B) the period of service, including any period of 
        preservice or inservice training, for which the Secretary 
        proposes to enroll or reenroll the individual; and
            ``(C) a description of the stipend, allowances, and support 
        that the Secretary proposes to provide to the individual for 
        such service.
    ``(2) An individual to whom the Secretary has mailed a notice under 
paragraph (1) and who desires to serve as a volunteer shall, within the 
30-day period beginning on the date the notice is mailed, notify the 
Secretary that the individual undertakes--
            ``(A) to serve full-time as a volunteer for the period for 
        which the Secretary proposes to enroll or reenroll the 
        individual, unless the period is terminated prematurely by the 
        Secretary at the discretion of the Secretary;
            ``(B) to serve in the urban elementary school to which the 
        Secretary proposes to assign the individual;
            ``(C) to complete any preservice or inservice training 
        relating to such service that may be provided by the Secretary 
        or such school;
            ``(D) to perform any teaching duty that a member of the 
        staff of such school may delegate to the individual; and
            ``(E) to abide by any other term or condition of service 
        that the Secretary may establish.
    ``(e) Grievance Procedure.--The Secretary shall establish a 
procedure, including notice and opportunity to be heard, for volunteers 
to present and obtain resolution of grievances and to present their 
views in connection with the terms and conditions of their service. The 
Secretary shall promptly provide to each volunteer information 
regarding the procedure and the terms and conditions of their service.
    ``(f) Legal Expenses.--Notwithstanding any other provision of law 
and pursuant to regulations that the Secretary shall prescribe, counsel 
may be employed and counsel fees, court costs, bail, and other expenses 
incidental to the defense of volunteers may be paid in judicial or 
administrative proceedings to which volunteers have been made parties.

``SEC. 4705. PRESERVICE TRAINING.

    ``(a) In General.--The Secretary shall ensure that, before 
volunteers undertake their teaching duties, they receive training that 
will enable them to carry out the purpose of this part and effectively 
perform the work to which they are assigned. Such preservice training 
shall consist, at a minimum, of 3 weeks of full-time instruction.
    ``(b) Support and Allowances During Training.--The provisions of 
section 4704(c) shall apply to any period of preservice training under 
this section.
    ``(c) Administrative Authority.--(1) The Secretary may carry out 
programs and projects relating to preservice training of volunteers 
under this section directly, or through grants to or contracts with 
State and local educational agencies, institutions of higher education, 
and other public and private agencies, organizations, and institutions.
    ``(2)(A) To apply for a grant or contract under this section for 
any fiscal year, a person shall submit an application to the Secretary 
in accordance with the procedures established by the Secretary.
    ``(B) The Secretary may not approve an application submitted under 
subparagraph (A) unless the applicant demonstrates the ability to 
provide the instruction necessary to prepare volunteers for their role 
as individual literacy tutors.
    ``(3) Notwithstanding section 430 of the General Education 
Provisions Act (20 U.S.C. 1231g), a grant or contract under this 
section may be renewed, subject to the availability of funds and at the 
discretion of the Secretary, if--
            ``(A) the person desiring to renew the grant or contract 
        submits to the Secretary an application pursuant to paragraph 
        (2) for each fiscal year for which the person desires to 
        receive, and is eligible to receive, a grant or contract under 
        this section;
            ``(B) the Secretary determines that the funds made 
        available to the person during the previous year were used in a 
        manner required under the approved application;
            ``(C) the Secretary determines that an additional grant or 
        contract is necessary to implement in the State a program or 
        project described in paragraph (1); and
            ``(D) the Secretary determines that the person's 
        instruction methods are effective.

``SEC. 4706. SPECIAL LIMITATIONS.

    ``(a) Volunteer Activities.--The Secretary shall prescribe 
regulations and shall carry out the provisions of this part so as to 
ensure that the service of volunteers is limited to activities that 
would not otherwise be performed by employed workers and that will not 
supplant the hiring of or result in the displacement of employed 
workers, or impair existing contracts for service.
    ``(b) Support Costs.--All support, including transportation, 
provided to volunteers shall be furnished at the lowest possible cost 
consistent with the effective operation of the Corps.
    ``(c) Government Assistance.--(1) Notwithstanding any other 
provision of law, except as may be provided expressly in limitation of 
this subsection, payments to a volunteer shall not in any way reduce or 
eliminate the level of, or eligibility for, assistance or services the 
volunteer may be receiving under any governmental program.
    ``(2) Paragraph (1) shall not apply when the Secretary determines 
that the value of all payments to a volunteer, adjusted to reflect the 
number of hours the volunteer is serving, is not less than the minimum 
wage then in effect under the Fair Labor Standards Act of 1938 (29 
U.S.C. 201 et seq.) or the minimum wage under the laws of the State 
where the volunteer is serving, whichever is greater.
    ``(3) Notwithstanding any other provision of law, a volunteer who 
was otherwise entitled to receive assistance or services under any 
governmental program prior to enrollment in the Corps shall not be 
denied the assistance or services because of the failure or refusal of 
the volunteer to register for, seek, or accept employment or training 
during the period of service of the volunteer.
    ``(d) Nondiscrimination.--The Secretary shall apply the 
nondiscrimination policies and authorities set forth in section 717 of 
the Civil Rights Act of 1964 (42 U.S.C. 2000e-16), in title V of the 
Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.), and in the Age 
Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) to volunteers and 
to applicants for enrollment for service as volunteers. Any remedies 
available to individuals under such laws, other than the right of 
appeal to the Civil Service Commission authorized by section 717 of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e-16), and transferred to the 
Equal Employment Opportunity Commission by Reorganization Plan Number 1 
of 1978, shall be available to the applicants or volunteers.

``SEC. 4707. APPLICATION OF FEDERAL LAW.

    ``(a) In General.--Except as provided in title 5, United States 
Code, and subsections (b), (c), and (d) of this section, volunteers may 
not be considered Federal employees and may not be subject to the 
provisions of laws relating to Federal officers and employees and 
Federal employment.
    ``(b) Specific Federal Legislation.--Volunteers shall--
            ``(1) for purposes of subchapter III of chapter 73 of title 
        5, United States Code, be considered persons employed in the 
        executive branch of the Federal Government;
            ``(2) for purposes of the Internal Revenue Code of 1986 (26 
        U.S.C. 1 et seq.) and title II of the Social Security Act (42 
        U.S.C. 401 et seq.), be considered employees of the United 
        States, and any service performed by an individual as a 
        volunteer (including training) shall be considered to be 
        performed in the employ of the United States;
            ``(3) for purposes of the chapter 171 of title 28, United 
        States Code, be considered employees of the United States; and
            ``(4) for purposes of section 5584 of title 5, United 
        States Code, be considered employees of the United States (and 
        stipends and allowances paid under this part shall be 
        considered as pay for such purposes).
    ``(c) Subsequent Government Employment.--any period of service of a 
volunteer shall be credited in connection with subsequent employment in 
the same manner as a like period of civilian employment by the Federal 
Government--
            ``(1) for purposes of any Act establishing a retirement 
        system for civilian employees of any Federal agency; and
            ``(2) except as otherwise determined by the President, for 
        purposes of determining seniority, reduction in force, and 
        layoff rights, leave entitlement, and other rights and 
        privileges based upon length of service under the laws 
        administered by the Office of Personnel Management, the Foreign 
        Service Act of 1980 (22 U.S.C. 3901 et seq.), and every other 
        Act establishing or governing terms and conditions of service 
        of civilian employees of the Federal Government, but service of 
        a volunteer may not be credited toward completion of any 
        probationary or trial period or completion of any service 
        requirement for career appointment.
    ``(d) Competitive Service.--Volunteers serving for periods of at 
least 1 year, who the Secretary determines, in accordance with 
regulations prescribed by the Secretary, have successfully completed 
their periods of service, shall be eligible for appointment in the 
competitive service in the same manner as Peace Corps volunteers as 
prescribed in Executive Order Number 11103 (April 10, 1963).

``SEC. 4708. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part 
$45,000,000 for fiscal year 1994, $55,000,000 for fiscal year 1995, 
$65,000,000 for fiscal year 1996, $130,000,000 for fiscal year 1997, 
and $260,000,000 for fiscal year 1998. Notwithstanding section 413 of 
the General Education Provisions Act (20 U.S.C. 1226), such sums shall 
remain available until expended. Of such sums, not more than 15 percent 
may be used for any fiscal year to provide preservice training under 
section 4705.''.
    (b) Effective Date.--The Secretary of Education shall carry out the 
amendment made by subsection (a) within the 2-year period beginning on 
the date of the enactment of the National American Youth Service Act.
    (c) Amendments to Title 5.--
            (1) Amendment to chapter 81.--
                    (A) Compensation for work injuries.--Chapter 81 of 
                title 5, United States Code, is amended by inserting 
                after section 8143a the following new section:
``Sec. 8143b. Urban Elementary School Literacy Corps volunteers
    ``This subchapter applies to a volunteer enrolled in the Urban 
Elementary School Literacy Corps under part G of title IV of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701 et 
seq.), during a period of service or training, to the same extent as 
enrollees of the Job Corps under section 8143(a). For the purpose of 
the computation described in section 8143(a)(1), the monthly pay of a 
volunteer is deemed that received at the minimum rate for GS-7.''.
                    (B) Clerical amendment.--The table of sections at 
                the beginning of such chapter is amended by inserting 
                after the item relating to section 8143a the following 
                new item:

``8143b. Urban Elementary School Literacy Corps volunteers.''.
            (2) Civil service retirement.--Section 8332(b) of title 5, 
        United States Code, is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (15);
                    (B) by striking the period at the end of paragraph 
                (16) and inserting ``; and''; and
                    (C) by inserting after paragraph (16) the following 
                new paragraph:
            ``(17) a period of service of a volunteer enrolled in the 
        Urban Elementary School Literacy Corps under part G of title IV 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 2701 et seq.), but only if the individual serves as a 
        volunteer for at least 1 year and only if the individual later 
        becomes subject to this subchapter.''.
    (d) Cancellation of Loans.--Section 465(a)(2)(E) of the Higher 
Education Act of 1965 (20 U.S.C. 1087ee) is amended--
            (1) by striking ``or'' and inserting a comma; and
            (2) by inserting before the semicolon the following: ``, or 
        a volunteer under part G of title IV of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 2701 et seq.)''.
    (e) Foreign Service Retirement.--Section 854(c) of the Foreign 
Service Act of 1980 (22 U.S.C. 4071c) is amended--
            (1) by striking ``or'' at the end of paragraph (2);
            (2) by inserting ``or'' at the end of paragraph (3); and
            (3) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) a volunteer for a period of at least 1 year under 
        part G of title IV of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 2701 et seq.),''.
    (f) Health Education Assistance.--Section 731(a)(2)(C) of the 
Public Health Service Act (42 U.S.C. 294d) is amended--
            (1) by striking ``or'' at the end of clause (vi); and
            (2) by inserting before the semicolon the following: ``, or 
        (viii) not in excess of two years during which the borrower is 
        in service as a volunteer under part G of title IV of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701 
        et seq.)''.

                                 <all>

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