[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2392 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2392

To amend the National and Community Service Act of 1990 to establish a 
                Community Corps, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 29, 2002

   Mr. Edwards (for himself, Mr. Smith of Oregon, and Mrs. Clinton) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the National and Community Service Act of 1990 to establish a 
                Community Corps, and for other purposes.

    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 ``School Service Act of 2002''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to mobilize the patriotism and energy of youth in the 
        United States in order to meet the unmet human, educational, 
        environmental, and public safety needs of United States 
        society;
            (2) to foster an ethic of service and citizenship in young 
        people that will last throughout their lives;
            (3) to support a limited number of States, Indian tribes, 
        and local educational agencies whose schools require that every 
        student, prior to secondary school graduation, engage in 
        substantial service to their community and country;
            (4) to ensure that entities receiving that support 
        establish high-quality service-learning programs that offer 
        students opportunities for meaningful service and for 
        reflection on such service;
            (5) to guarantee substantial flexibility to entities 
        receiving that support in order to design programs that meet 
        local needs;
            (6) to support nonprofit and nongovernmental organizations 
        that engage youth in effective and innovative service programs; 
        and
            (7) to conduct rigorous evaluations of service programs to 
        determine their costs and benefits and to ensure high quality.

                        TITLE I--COMMUNITY CORPS

SEC. 101. SERVICE PROGRAMS.

    Part I of subtitle B of title I of the National and Community 
Service Act of 1990 (42 U.S.C. 12521 et seq.) is amended--
            (1) by redesignating subpart C as subpart D;
            (2) by redesignating section 118 as section 118N; and
            (3) by inserting after subpart B the following:

                      ``Subpart C--Community Corps

``SEC. 118. GRANTS.

    ``(a) In General.--The Corporation, after consultation with the 
Secretary of Education, may make grants under subsection (b) on a 
competitive basis to qualified entities to pay for the Federal share of 
the cost of planning or operating Community Corps programs.
    ``(b) Planning and Operational Grants.--
            ``(1) Planning grants.--The Corporation may make a planning 
        grant to a qualified entity to provide assistance for the 
        planning of a Community Corps program that meets the 
        requirements of this subpart.
            ``(2) Operational grants.--The Corporation may make an 
        operational grant to a qualified entity to provide assistance 
        for the operation of a Community Corps program that meets the 
        requirements of this subpart.
            ``(3) Total period.--The period of a grant made under 
        paragraph (1) shall be not more than 1 year. The total period 
        of a grant made under paragraph (2), or grants made under 
        paragraphs (1) and (2), to a qualified entity shall be not less 
        than 3 years, except as provided in section 118F(b).
    ``(c) Direct or Indirect Expenditures.--To carry out programs under 
this subpart, a qualified entity that receives a grant under subsection 
(b) may--
            ``(1) expend the funds made available through the grant; or
            ``(2) use the funds to make subgrants to--
                    ``(A) in the case of a qualified entity that is a 
                State or Indian tribe, local educational agencies;
                    ``(B) public elementary schools or secondary 
                schools;
                    ``(C) institutions of higher education;
                    ``(D) public or private nonprofit organizations;
                    ``(E) private elementary schools or secondary 
                schools, if the qualified entity has made a 
                certification regarding such schools under section 
                118B(b)(2); and
                    ``(F) qualified partnerships, as defined by the 
                Corporation.
    ``(d) Discretion With Respect to Program Type.--A qualified entity 
that uses funds to make a subgrant under subsection (c)(2) may 
determine, or may permit the subgrant recipient to determine, the type 
of program (as described in section 118A(a)(2)) to be planned or 
operated with the subgrant.

``SEC. 118A. USE OF FUNDS.

    ``(a) Programs.--
            ``(1) In general.--An entity that receives a grant or 
        subgrant under section 118 shall use the funds made available 
        through the grant or subgrant for a program for school-age 
        youth that--
                    ``(A) engages the youth in meaningful service that 
                meets unmet human, educational, environmental, or 
                public safety needs;
                    ``(B) provides substantial structured opportunities 
                for the youth to reflect on their service activities, 
                enhancing their sense of civic responsibility;
                    ``(C) as appropriate--
                            ``(i) is integrated into and enhances the 
                        academic curriculum of the school or the 
                        educational components of an after-school or 
                        summer program in which the youth are enrolled; 
                        and
                            ``(ii) involves participants in the 
                        planning, selection, and development of 
service projects, or otherwise fosters leadership skills; and
                    ``(D) achieves such other goals as the Corporation 
                may specify or approve.
            ``(2) Types of programs.--Programs carried out through 
        grants or subgrants made under section 118 may be--
                    ``(A) school-based service-learning programs that 
                integrate service-learning into 1 or more mandatory 
                courses in an academic curriculum;
                    ``(B) school-based service-learning programs that--
                            ``(i) require secondary school students to 
                        perform community service after school, on 
                        weekends, or during summer vacations; and
                            ``(ii) utilize appropriately trained 
                        adults--
                                    ``(I) to work with community 
                                members and organizations to identify 
                                opportunities to fulfill the 
                                requirement described in clause (i);
                                    ``(II) to disseminate to secondary 
                                school students information about such 
                                opportunities; and
                                    ``(III) to ensure that such 
                                students have substantial structured 
                                opportunities for reflection on their 
                                service activities;
                    ``(C) community-based service-learning programs 
                operated by community-based agencies or by nonprofit 
                organizations, in partnership with State educational 
                agencies, local educational agencies, elementary 
                schools, or secondary schools, that engage school-age 
                youth to perform community service--
                            ``(i) after school; or
                            ``(ii) during summer vacations;
                    ``(D) programs that combine course-based service-
                learning with individualized service; and
                    ``(E) such other programs as the Corporation may 
                designate, consistent with the objectives of the 
                Community Corps.
    ``(b) Permissible Activities.--An entity that receives a grant or 
subgrant under section 118 for a Community Corps program may use the 
funds made available through the grant or subgrant to pay for the 
Federal share of--
            ``(1) the cost of providing training for teachers, 
        supervisors, personnel from community-based agencies, and 
        trainers, who are necessary for the operation of the program;
            ``(2) the cost of developing service-learning curricula to 
        be integrated into the program;
            ``(3) the cost of providing effective outreach and 
        dissemination of information to ensure the broadest possible 
        involvement in the Community Corps program of community-based 
        agencies with demonstrated effectiveness in working with 
        school-age youth;
            ``(4) the cost of recruiting, training, supervising, 
        placing, and providing salaries and benefits to adults 
        necessary for the operation of the program, including paying 
        for such cost for individuals who--
                    ``(A) are participants in a program under subtitle 
                C or receive a national service educational award under 
                subtitle D; and
                    ``(B)(i) serve as service-learning coordinators as 
                specified in section 111(b);
                    ``(ii) perform the responsibilities described in 
                subsection (a)(2)(B)(ii);
                    ``(iii) coordinate or supervise the activities of 
                school-age youth in a program described in subsection 
                (a)(2)(C); or
                    ``(iv) serve in other appropriate roles, as 
                determined by the Corporation; and
            ``(5) other reasonable costs related to the supervision of 
        participants, program administration, development and 
        acquisition of program materials, transportation, insurance, 
        verification of youth participation, and meeting other program 
        needs.

``SEC. 118B. APPLICATIONS.

    ``(a) In General.--To be eligible to receive a grant under section 
118, a qualified entity shall prepare, submit to the Corporation, and 
obtain approval of, an application at such time and in such manner as 
the Chief Executive Officer may reasonably require.
    ``(b) Contents.--An application that is submitted under subsection 
(a) with respect to a program described in section 118A--
            ``(1) shall include--
                    ``(A) a certification that, not more than 24 months 
                after the qualified entity receives the grant under 
                section 118--
                            ``(i) all public school students at the 
                        schools where the program is proposed to be 
                        carried out shall be required, as a condition 
                        of secondary school graduation, to complete a 
                        substantial community service experience; and
                            ``(ii) the qualified entity shall provide 
                        opportunities, through high-quality service 
                        programs, as defined in section 118C(a)(2), for 
                        all such students to meet the requirement of 
                        clause (i);
                    ``(B)(i) a 5-year strategic plan, which shall 
                contain--
                            ``(I) information demonstrating how the 
                        results specified in the certification 
                        described in subparagraph (A) will be achieved; 
                        and
                            ``(II) such additional information as the 
                        Chief Executive Officer may reasonably require; 
                        and
                    ``(ii) information demonstrating that the program 
                will be carried out in a manner consistent with the 
                approved strategic plan;
                    ``(C) a description of the outcome measures 
                developed for the program as described in section 
118F(a)(3)(C) and specific, quantifiable goals addressing each outcome 
measure;
                    ``(D) certifications that--
                            ``(i) the applicant will keep such records 
                        and provide such information to the Corporation 
                        with respect to the programs as may be required 
                        for fiscal audits and program evaluation;
                            ``(ii) the applicant will comply with the 
                        nonduplication and nondisplacement requirements 
                        of section 177 and the grievance procedure 
                        requirements of section 176(f); and
                            ``(iii) the applicant has consulted with 
                        the State Commission for the State in which the 
                        applicant is located about the application; and
                    ``(E) such additional information as the Chief 
                Executive Officer may reasonably require; and
            ``(2) may include--
                    ``(A) a certification that, not more than 24 months 
                after the qualified entity receives the grant under 
                section 118--
                            ``(i) all private school students at the 
                        schools where the program is proposed to be 
                        carried out shall be required, as a condition 
                        of secondary school graduation, to complete a 
                        substantial community service experience; and
                            ``(ii) the qualified entity shall ensure 
                        opportunities on an equitable basis, through 
                        high-quality service programs, as defined in 
                        section 118C(a)(2), for all such students to 
                        meet the requirement of clause (i); and
                    ``(B) in the 5-year strategic plan required under 
                paragraph (1)(B)(i), information demonstrating how the 
                results specified in the certification described in 
                subparagraph (A) will be achieved.

``SEC. 118C. CONSIDERATION OF APPLICATIONS.

    ``(a) High-Quality Service Programs.--
            ``(1) In general.--In awarding grants under section 118, 
        the Corporation shall give priority to a qualified entity that 
        demonstrates that the entity will engage school-age youth in 
        high-quality service programs.
            ``(2) Definition.--In this subsection, the term `high-
        quality service program' means a program that--
                    ``(A) effectively meets unmet human, educational, 
                environmental, or public safety needs;
                    ``(B) effectively fosters--
                            ``(i) an ethic of civic responsibility; and
                            ``(ii) personal character development;
                    ``(C) as appropriate for the type of program and 
                participants--
                            ``(i) improves performance in core academic 
                        subjects; and
                            ``(ii) fosters leadership skills;
                    ``(D) in the case of a school-based program, is 
                operated, to the extent appropriate, by a partnership 
                that includes an entity that--
                            ``(i) is a community-based agency, 
                        nonprofit organization, or institution of 
                        higher education; and
                            ``(ii) has expertise in the provision of 
                        services to meet unmet needs, youth 
                        development, service-learning, or another 
                        relevant field; and
                    ``(E) effectively achieves such other goals as the 
                Corporation may specify.
    ``(b) Geographic Diversity of Recipients.--Subject to subsection 
(a), the Corporation shall ensure that qualified entities receiving 
grants under section 118--
            ``(1) are geographically diverse; and
            ``(2) fully and adequately represent urban and rural areas.
    ``(c) Low-Income Families.--Subject to subsection (a), in awarding 
grants under section 118, the Corporation shall give priority to a 
qualified entity that proposes--
            ``(1) to serve a jurisdiction having a high number or high 
        percentage of low-income families; and
            ``(2) to focus the funds made available through such a 
        grant on those parts of the jurisdiction having a high number 
        or high percentage of low-income families.
    ``(d) Other Criteria.--In awarding grants under section 118, the 
Corporation may establish such other priorities as the Corporation 
determines to be appropriate, consistent with the objectives of the 
Community Corps.

``SEC. 118D. FEDERAL, STATE, AND LOCAL CONTRIBUTIONS.

    ``(a) Share.--
            ``(1) In general.--The Federal share attributable to this 
        subpart of the cost of carrying out a program for which a grant 
        or subgrant is made under this subpart may not exceed--
                    ``(A) 75 percent of the total cost of the program 
                for the first, second, and third years for which the 
                program receives assistance under this subpart;
                    ``(B) 65 percent of the total cost of the program 
                for the fourth year for which the program receives 
                assistance under this subpart; and
                    ``(C) 50 percent of the total cost of the program 
                for the fifth year, and for any subsequent year, for 
                which the program receives assistance under this 
                subpart.
            ``(2) Calculation.--In providing for the remaining share of 
        the cost of carrying out such a program, each recipient of 
        assistance under this subpart--
                    ``(A) shall provide for such share through a 
                payment in cash or in kind, fairly evaluated, including 
                facilities, equipment, or services; and
                    ``(B) may provide for such share through State 
                sources, local sources, private sources, or Federal 
                sources (other than funds made available under the 
                national service laws).
    ``(b) Waiver.--The Chief Executive Officer may waive the 
requirements of subsection (a) in whole or in part with respect to any 
such program in 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.

``SEC. 118E. LIMITATIONS ON USES OF FUNDS.

    ``(a) Administrative Costs.--
            ``(1) Limitation.--Not more than 5 percent of the amount of 
        assistance provided to a qualified entity that is the original 
        recipient of a grant under section 118 for a fiscal year may be 
        used to pay for administrative costs incurred by--
                    ``(A) the original recipient; or
                    ``(B) the entity carrying out the community service 
                programs supported with the assistance.
            ``(2) Rules on use.--The Chief Executive Officer may by 
        rule prescribe the manner and extent to which--
                    ``(A) such assistance may be used to cover 
                administrative costs; and
                    ``(B) that portion of the assistance available to 
                cover administrative costs should be distributed 
                between--
                            ``(i) the original recipient; and
                            ``(ii) the entity carrying out the 
                        community service programs supported with the 
                        assistance.
    ``(b) Local Uses of Funds.--Funds made available under this subpart 
may not be used to pay any stipend, allowance, or other financial 
support to any student who is a participant under this subtitle, except 
reimbursement for transportation, meals, and other reasonable out-of-
pocket expenses directly related to participation in a program assisted 
under this subpart.

``SEC. 118F. ACCOUNTABILITY.

    ``(a) Evaluation.--
            ``(1) In general.--The Corporation shall make a grant or 
        enter into a contract with an eligible entity to conduct an 
        annual evaluation of the effectiveness of each program that 
        receives assistance under section 118. The first such 
        evaluation shall occur during the second year for which the 
        program receives a grant under section 118(b)(2).
            ``(2) Eligible entity.--To be eligible to receive a grant 
        or contract under paragraph (1), an entity shall not be--
                    ``(A) the Corporation;
                    ``(B) a State educational agency;
                    ``(C) a local educational agency;
                    ``(D) an entity that receives a grant or subgrant 
                under section 118; or
                    ``(E) a division of an entity described in 
                subparagraph (A), (B), (C), or (D).
            ``(3) Contents.--In conducting the evaluation with respect 
        to a program, the eligible entity shall--
                    ``(A) conduct a cost-benefit analysis of the 
                program;
                    ``(B) determine the performance of the program in--
                            ``(i) meeting unmet human, educational, 
                        environmental, or public safety needs; and
                            ``(ii) contributing, in both the short term 
                        and the long term, to youth--
                                    ``(I) civic engagement;
                                    ``(II) character development;
                                    ``(III) personal responsibility;
                                    ``(IV) academic motivation; and
                                    ``(V) academic achievement; and
                    ``(C) determine the performance of the program on 
                outcome measures developed by the entity carrying out 
                the program.
    ``(b) Failure To Meet Quantifiable Goals.--
            ``(1) Probation.--A program that receives assistance under 
        section 118 that--
                    ``(A) fails to perform satisfactorily in meeting 
                the goals described in subsection (a)(3)(B), as 
                determined by the Corporation; or
                    ``(B) fails to meet substantially the goals 
                described in section 118B(b)(1)(C), as determined by 
                the Corporation,
        during the second year for which the program receives a grant 
        under section 118(b)(2) or a subsequent fiscal year, shall be 
        placed on probation for the following fiscal year.
            ``(2) Assistance for grant recipients on probation.--The 
        Corporation shall, on request by a recipient of a grant for a 
        program on probation under paragraph (1), provide technical 
        assistance to such grant recipient for the purpose of remedying 
        a failure described in subparagraph (A) or (B) of paragraph 
        (1).
            ``(3) Failure to meet goals after probation.--The Chief 
        Executive Officer will withdraw funding from a grant recipient 
        for a program that receives assistance under section 118 and 
        that experiences a failure described in subparagraph (A) or (B) 
        of paragraph (1) during a year in which the program is on 
        probation under paragraph (1).
    ``(c) First Evaluation.--Notwithstanding section 179, with respect 
to a program receiving assistance under this subpart, the Corporation 
shall first evaluate the program under section 179(a) during the second 
year for which the program receives a grant under section 118(b)(2).

``SEC. 118G. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this subpart 
such sums as may be necessary for each of fiscal years 2003 through 
2007.

``SEC. 118H. DEFINITION.

    ``In this subpart, the term `qualified entity' means--
            ``(1) a State, acting through the State educational agency;
            ``(2) an Indian tribe;
            ``(3) a local educational agency; or
            ``(4) a nonprofit organization, meeting such requirements 
        as the Corporation may specify, acting in partnership with 1 or 
more States, Indian tribes, or local educational agencies.''.

               TITLE II--AMENDMENTS TO EXISTING PROGRAMS

SEC. 201. SCHOOL-BASED PROGRAMS.

    Section 111(a) of the National and Community Service Act of 1990 
(42 U.S.C. 12521(a)) is amended--
            (1) in paragraph (3), by striking ``; and'' at the end;
            (2) in paragraph (4), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(5) planning, implementing, operating, or expanding 
        school-based programs that utilize appropriately trained adults 
        (who may be participants in a program under subtitle C or 
        receive a national service educational award under subtitle D) 
        in secondary schools--
                    ``(A) to work with community members and 
                organizations to identify service opportunities for 
                secondary school students;
                    ``(B) to disseminate to such students information 
                about such opportunities; and
                    ``(C) to ensure that such students have substantial 
                structured opportunities for reflection on their 
                service activities.''.

SEC. 202. COMMUNITY-BASED AFTER-SCHOOL OR SUMMER SERVICE PROGRAMS.

    (a) In General.--Section 117A(b) of the National and Community 
Service Act of 1990 (42 U.S.C. 12542(b)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``; or'' and 
                inserting a semicolon;
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C);
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) to make a grant to a qualified organization 
                to implement, operate, expand, or replicate a 
                community-based service program that--
                            ``(i) engages school-age youth, after 
                        school or during summer vacations, in 
                        meaningful service that meets unmet human, 
                        educational, environmental, or public safety 
                        needs; and
                            ``(ii) provides substantial structured 
                        opportunities for the youth to reflect on their 
                        service activities, enhancing their sense of 
                        civic responsibility; or''; and
                    (D) in subparagraph (C) (as redesignated by 
                subparagraph (B)), by striking ``such an organization'' 
                and inserting ``an organization described in 
                subparagraph (A) or (B)''; and
            (2) in paragraph (2), by striking ``paragraph (1)(A)'' and 
        inserting ``subparagraph (A) or (B) of paragraph (1)''.
    (b) Conforming Amendment.--Section 117(1) of the National and 
Community Service Act of 1990 (42 U.S.C. 12541(1)) is amended by 
striking ``section 117A(b)(1)(A)'' and inserting ``subparagraph (A) or 
(B) of section 117A(b)(1)''.

SEC. 203. NATIONAL SERVICE PROGRAMS.

    (a) Types of Programs.--Section 122(a) of the National and 
Community Service Act of 1990 (42 U.S.C. 12572(a)) is amended--
            (1) by redesignating paragraph (15) as paragraph (16); and
            (2) by inserting after paragraph (14) the following:
            ``(15) A program that provides specialized training to 
        individuals and places the individuals after such training in 
        positions as coordinators, supervisors, or leaders of programs 
        funded under subpart C of part I of subtitle B.''.
    (b) Types of Positions.--Section 123(4) of the National and 
Community Service Act of 1990 (42 U.S.C. 12573(4)) is amended by 
inserting ``or a position described in section 122(a)(15)'' before the 
period.

SEC. 204. CONFORMING AMENDMENTS.

    The table of contents for the National and Community Service Act of 
1990 is amended by striking the items relating to subpart C of part I 
of subtitle B of title I and inserting the following:
                      ``subpart c--community corps
``Sec. 118. Grants.
``Sec. 118A. Use of funds.
``Sec. 118B. Applications.
``Sec. 118C. Consideration of applications.
``Sec. 118D. Federal, State, and local contributions.
``Sec. 118E. Limitations on uses of funds.
``Sec. 118F. Accountability.
``Sec. 118G. Authorization of appropriations.
``Sec. 118H. Definition``subpart d--clearinghouse
``Sec. 118N. Service-learning clearinghouse.''.
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