[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 465 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 465
To amend the National and Community Service Act of 1990 to establish a
Semester of Service grant program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 24, 2009
Mr. Dodd (for himself, Mr. Cochran, Mr. Kennedy, Mr. Casey, and Mr.
Nelson of Florida) 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
Semester of Service grant program, 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 ``Semester of Service Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Throughout the United States, there are pressing unmet
human, educational, environmental, and public safety needs.
(2) Americans desire to affirm common responsibilities and
shared values, and join together in positive experiences, that
transcend race, religion, gender, age, ability, region, income,
and education.
(3) Americans of all ages can improve their communities and
become more engaged citizens through service to their
communities.
(4) When children and other youth participate in service
activities and see that they are able to improve the lives of
others, the youth are better able to control their own lives in
a positive way, avoiding risky behaviors, strengthening their
community connections, and becoming more engaged in their own
education.
(5) When youth service is tied to learning objectives, that
service is shown to decrease alienation and behavior problems,
and increase knowledge of community needs, commitment to an
ethic of service, and understanding of politics and morality.
(6) When service is tied to what students are learning in
school, the students make gains on achievement tests, complete
their homework more often, and increase their attendance and
grade point averages.
(7) Service-learning has been shown to reduce the
achievement gap in schools.
(8) Students who engage in service-learning improve their
communication skills, increase their awareness of career
possibilities, have a deeper understanding of social and
economic issues that face the Nation, and develop more positive
workplace attitudes, giving the students skills to be strong
leaders.
(9) 82 percent of students who participated in service-
learning programs say their feelings about attending high
school became more positive as a result of service-learning.
(10) 77 percent of students who participated in service-
learning programs and 66 percent of at-risk students who did
not participate in service-learning programs, say that service-
learning had or would have had a big effect on motivating them
to work hard.
(11) According to youth who have dropped out of school,
providing service-learning tops the list of ways schools can
improve.
(12) Service-learning gives students the opportunity to
apply curricular knowledge and skills while serving the
community.
(13) Research shows that for every dollar spent on a
service-learning project, $4 worth of service is provided to
the community involved.
(14) 65 percent of all students find service-learning
appealing but only 30 percent of schools provide service-
learning projects. In those schools, only 16 percent of
students are currently aware that service-learning projects are
available to them. 83 percent of all students say they would
enroll in service-learning projects if their schools had them.
(15) Research demonstrates that to provide enough time for
students to become deeply involved in service and for service
projects to have a meaningful impact on student's lives,
projects should be of ample duration, typically at least a
semester, and include sufficient service hours, typically at
least 70 hours.
(b) Purpose.--The purposes of this Act are--
(1) to offer youth the chance to spend a semester in
service to their communities for academic credit in their
junior or senior year of high school;
(2) to teach civic participation skills to youth and help
youth see themselves as resources and leaders for their
communities;
(3) to encourage youth, regardless of income or ability, to
engage in community service;
(4) to provide tangible benefits to the communities in
which Semester of Service programs are performed; and
(5) to enhance the social-emotional and academic
development of youth participants.
SEC. 3. SEMESTER OF SERVICE PROGRAMS.
Title I of the National and Community Service Act of 1990 (42
U.S.C. 12511 et seq.) is amended--
(1) by redesignating subtitles F, G, H, and I as subtitles
G, H, I, and J, respectively;
(2) by redesignating sections 160 through 166 as sections
159A through 159G, respectively; and
(3) by inserting after subtitle E the following:
``Subtitle F--Semester of Service Programs
``SEC. 161. DEFINITIONS.
``In this subtitle:
``(1) Eligible agency.--The term `eligible agency' means a
local educational agency, or a nonprofit organization working
in partnership with a local educational agency.
``(2) Eligible entity.--The term `eligible entity' means an
individual school (including a designee of a school), or a
nonprofit organization working in partnership with a school.
``(3) Eligible youth.--The term `eligible youth' means a
youth who will be enrolled in the junior or senior year of high
school during the youth's participation for a semester of
service referred to in section 163(f).
``(4) Local educational agency.--The term `local
educational agency' has the meaning given the term in section
9101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
``(5) Youth participant.--The term `youth participant'
means a youth who is enrolled in the junior or senior year of
high school and is a participant in a project carried out under
this subtitle.
``SEC. 162. GRANTS TO ELIGIBLE AGENCIES.
``(a) Grants.--
``(1) In general.--The Chief Executive Officer shall award
grants on a competitive basis to eligible agencies to pay for
the Federal share of the cost of carrying out community service
programs, to support service-learning projects, including the
district-level activities described in subsection (d).
``(2) Periods of grants.--The Chief Executive Officer shall
award the grants for periods of 3 years. The Chief Executive
Officer may renew the grants for not more than 2 additional
periods of 3 years.
``(3) Grant amount.--The Chief Executive Officer shall
award such a grant to an eligible agency for a program in an
amount not greater than the sum of--
``(A) the product obtained by multiplying $50 and a
number equal to the number of eligible youth who will
provide service under the program, as specified in the
application described in subsection (b); and
``(B) an amount equal to 20 percent of the product
determined under subparagraph (A), for school district-
level activities.
``(b) Application.--To be eligible to receive a grant under this
section for a community service program, an eligible agency shall
submit an application to the Chief Executive Officer at such time, in
such manner, and containing such information as the Chief Executive
Officer may require, including information that--
``(1) describes the procedures and criteria the eligible
agency will use for reviewing applications and awarding
subgrants on a competitive basis under section 163 to eligible
entities for service-learning projects, including how the
eligible agency will--
``(A) ensure the classroom-based instruction
component of service-learning projects is aligned with
applicable State academic content standards; and
``(B) ensure service-learning project activities
are tied to, where available, State service-learning
standards;
``(2) describes the procedures and criteria the eligible
agency will use to evaluate eligible entities' service-learning
projects including, at a minimum, a description of the
objectives and benchmarks the eligible agency will use to
evaluate such projects; and
``(3) describes the steps the eligible agency will take to
ensure that the service-learning projects funded will implement
effective strategies, which steps shall include providing
eligible entities with ongoing technical assistance,
professional development, and training.
``(c) Applicant Review.--
``(1) Selection criteria.--The Chief Executive Officer
shall evaluate applications for grants under this section based
on the quality, innovation, replicability, and sustainability
of the programs proposed by the applicants.
``(2) Review panels.--The Chief Executive Officer shall
employ review panels consisting of experts in the fields of
service-learning, youth development, and education, and of
youth seeking to be youth participants, in reviewing the
applications.
``(3) Notification of applicants.--If the Chief Executive
Officer rejects an application submitted under this section,
the Chief Executive Officer shall promptly notify the applicant
of the reasons for the rejection of the application.
``(4) Resubmission and reconsideration.--The Chief
Executive Officer shall provide an applicant notified of
rejection with a reasonable opportunity to revise and resubmit
the application. At the request of the applicant, the Chief
Executive Officer shall provide technical assistance to the
applicant as part of the resubmission process. The Chief
Executive Officer shall promptly reconsider an application
resubmitted under this paragraph.
``(5) Priority.--In making grants under this section, the
Chief Executive Officer shall give priority to eligible
agencies that propose to give subgrants under this subtitle to
eligible entities for schools that receive funds under part A
of title I of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311 et seq.).
``(d) Selection of District Recipients.--In awarding grants under
this section, the Chief Executive Officer shall ensure that programs
are funded in a variety of geographic areas, including urban and rural
areas.
``(e) School District-Level Activities.--An eligible agency that
receives a grant under this section may reserve up to the amount
described in subsection (a)(3)(B) from the grant funds, for school
district-level activities--
``(1) which shall include--
``(A) conducting outreach and dissemination of
program-related information to ensure the broadest
possible involvement of eligible entities and eligible
youth in the program carried out under this subtitle;
``(B) providing technical assistance and
professional development and training for personnel, to
eligible entities that receive subgrants under section
163; and
``(C) conducting an evaluation of the projects
carried out by eligible entities within the school
district, submitting the results of the evaluation to
the Chief Executive Officer, and widely disseminating
the results locally; and
``(2) which may include--
``(A) hiring staff to administer the program
carried out under this subtitle in the school district
involved; and
``(B) using the results of the evaluation to
compile information on best practices for such
projects.
``(f) Federal Share.--
``(1) In general.--The Federal share attributable to this
subtitle of the cost of carrying out a program for which a
grant is made under this section may not exceed--
``(A) 90 percent of the total cost of the program
for the first year for which the program receives
assistance under this subpart;
``(B) 80 percent of the total cost of the program
for the second such year;
``(C) 70 percent of the total cost of the program
for the third such year; and
``(D) 50 percent of the total cost of the program,
for each such year thereafter.
``(2) Calculation.--In providing for the remaining share of
the cost of carrying out such a program, each recipient of a
grant under this subtitle--
``(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 or
local sources, both public and private, or Federal
sources (other than funds made available under the
national service laws).
``(3) Waiver.--The Chief Executive Officer may waive the
requirements of paragraph (1) in whole or in part with respect
to any such program in any fiscal year if the Chief Executive
Officer determines that such waiver would be equitable due to a
lack of available financial resources at the State or local
level.
``SEC. 163. SUBGRANTS TO ELIGIBLE ENTITIES.
``(a) Subgrants.--
``(1) In general.--An eligible agency that receives a grant
under section 162 shall use the grant funds to award subgrants
on a competitive basis to eligible entities to pay for the cost
of carrying out service-learning projects.
``(2) Periods of subgrants.--The eligible agency shall
award the subgrants for periods of 3 years. Subject to
subsection (c), the eligible agency may renew the subgrants for
additional periods of 3 years.
``(3) Amounts of subgrants.--The eligible agency shall
award such a subgrant to an eligible entity for a project in an
amount equal to the product obtained by multiplying $50 and a
number equal to the number of eligible youth who will provide
service under the project, as specified in the application
described in subsection (b).
``(b) Application.--To be eligible to receive a subgrant under this
section for a project, an eligible entity shall submit an application
to the eligible agency at such time, in such manner, and containing
such information as the eligible agency may require, including
information that--
``(1) describes the manner in which the entity will--
``(A) recruit and engage eligible youth, including
students with disabilities and English language
learners, as applicable;
``(B) engage a variety of entities and individuals,
such as youth organizations, elected officials, civic
groups, nonprofit organizations, media partners, and
other entities within the community, including
participants in any other project carried out under the
national service laws, to work with the entity to
provide field opportunities as part of the project;
``(C) recruit service sponsors for field activities
carried out through the project, including nonprofit
organizations, businesses, youth organizations,
institutions of higher education, and entities that
carry out national service programs under the national
service laws;
``(D)(i) ensure that the youth participants in the
project engage in service-learning for a minimum of 70
hours over a minimum of 12 weeks; and
``(ii) ensure that at least 24 hours of the minimum
70 hours are spent participating in field-based
activities;
``(E) ensure that project activities are tied to,
where available, State service-learning standards;
``(F) provide a weekly classroom-based instruction
component of the project, integrated into the regular
curriculum of the school involved and aligned with
applicable State academic content standards;
``(G) ensure that youth participants will receive
academic credit, for the time spent in the classroom
and in the field for the project, equivalent to the
academic credit for any class of equivalent length and
with an equivalent time commitment;
``(H) involve youth participants in the project in
the design and planning of the project;
``(I) promote leadership development and build an
ethic of civic responsibility among the youth
participants;
``(J) provide training, which may include life
skills, financial education, and employment training,
in addition to training concerning the specific
community service to be provided through the project,
for the youth participants;
``(K) provide team-oriented, adult-supervised
experiences through the project;
``(L) ensure youth participants engage in
reflection and evaluation; and
``(M) provide opportunities for youth participants
to demonstrate their successes and teach other youth;
``(2) describes how the eligible entity will annually
establish benchmarks for academic, social, and behavioral
objectives, and annually conduct an evaluation to measure
progress toward the benchmarks; and
``(3) provides an assurance that the eligible entity will
annually make the results of such evaluation available to the
eligible agency.
``(c) Continued Eligibility.--To be eligible to receive funds under
this section for a second or subsequent year of a subgrant period, an
eligible entity shall demonstrate that the entity has met the
benchmarks for the objectives described in subsection (b)(2).
``(d) Permissible Uses of Funds.--The eligible entity may use the
subgrant funds to pay for--
``(1) developing or acquiring service-learning curricula
for the project, to be integrated into academic programs,
including making accommodations for students with disabilities
and English language learners;
``(2) establishing objectives and benchmarks, conducting
evaluations, and making evaluation results available;
``(3) conducting outreach and dissemination of project-
related information to ensure the broadest possible involvement
of eligible youth and community partners in the project;
``(4) carrying out basic implementation of the service-
learning project, including the purchase or rental of materials
needed to complete the field or classroom component of the
service-learning involved;
``(5) carrying out planning activities at the start of each
semester in which the project is carried out;
``(6) providing supplemental pay to staff who administer
the project; and
``(7) recognition and awards.
``(e) Service.--
``(1) Eligible service categories.--The eligible entity may
use the subgrant funds to carry out a service-learning project
that meets unmet human, educational, environmental, or public
safety needs and that includes a classroom-based instruction
component aligned with applicable State academic content
standards, and project activities tied to, where available,
State service-learning standards.
``(2) Ineligible service categories.--The eligible entity
may not use the subgrant funds for service prohibited under
section 132(a).
``(f) Participation.--Youth participants may participate in
service-learning projects under this subtitle for not more than 2
semesters of service, as defined by the Chief Executive Officer.
``SEC. 164. INDIAN TRIBES AND TERRITORIES.
``The Chief Executive Officer shall reserve not more than 3 percent
of the funds appropriated under section 501(a)(4) for a fiscal year,
for grants made on a competitive basis to Indian tribes, organizations
serving Native Hawaiians (as defined in section 625 of the Older
Americans Act of 1965 (42 U.S.C. 3057k)), the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands. The Chief Executive Officer shall issue regulations
specifying how an entity receiving a grant under this section shall use
the grant funds to carry out a program under this subtitle.
``SEC. 165. NATIONAL QUALITY AND OUTREACH ACTIVITIES.
``The Chief Executive Officer shall reserve not more than 4 percent
of the funds appropriated under section 501(a)(4) for a fiscal year and
use the reserved funds, either directly or through grants and contracts
to organizations with experience in semester-based service-learning
programs, to--
``(1) provide technical assistance and training to
recipients of grants and subgrants under this subtitle;
``(2) conduct outreach and dissemination of program-related
information to ensure the broadest possible involvement of
eligible agencies, eligible entities, organizations, and
eligible youth in programs under this subtitle; and
``(3) carry out other activities designed to improve the
quality of programs under this subtitle.
``SEC. 166. NATIONAL EVALUATION.
``(a) Reservation.--The Chief Executive Officer shall reserve not
more than the greater of $500,000 or 1 percent of the funds
appropriated under section 501(a)(4) for a fiscal year--
``(1) to arrange for an independent evaluation of eligible
agency programs carried out under this subtitle, to be
conducted in the third year of each grant period in which the
programs are implemented; and
``(2) to ensure that the results of the evaluation are
widely disseminated.
``(b) Report.--The Chief Executive Officer shall annually submit to
the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Education and Labor of the House of
Representatives, a report concerning the results of the evaluations
conducted under subsection (a). Such reports shall also contain
information on the models and best practices and any other findings or
recommendations developed by the Chief Executive Officer based on such
evaluations.
``SEC. 167. CONSTRUCTION.
``An individual participating in service in a program described in
this subtitle shall not be considered to be an employee engaged in
employment for purposes of the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.).''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS AND AVAILABILITY.
Section 501(a) of the National and Community Service Act of 1990
(42 U.S.C. 12681(a)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) Subtitle f.--There are authorized to be appropriated
to carry out subtitle F, $200,000,000 for fiscal year 2010 and
such sums as may be necessary for each subsequent fiscal
year.''.
SEC. 5. CONFORMING AMENDMENTS.
(a) Redesignation of Subtitles.--
(1) Section 118(a) of the National and Community Service
Act of 1990 (42 U.S.C. 12551(a)) is amended by striking
``subtitle H'' and inserting ``subtitle I''.
(2) Section 122(a)(2) of such Act (42 U.S.C. 12572(a)(2))
is amended by striking ``subtitle I'' and inserting ``subtitle
J''.
(3) Section 193A(f)(1) of such Act (42 U.S.C. 12651d(f)(1))
is amended by striking ``subtitles C and I'' and inserting
``subtitles C and J''.
(4) Section 501(a)(2) of such Act (42 U.S.C. 12681(a)(2))
is amended--
(A) in the paragraph heading, by striking
``Subtitles c, d, and h'' and inserting ``Subtitles c,
d, and i'';
(B) in subparagraph (A), by striking ``subtitles C
and H'' and inserting ``subtitles C and I''; and
(C) in subparagraph (B), by striking ``subtitle H''
and inserting ``subtitle I''.
(b) Redesignation of Sections.--
(1) Section 155(d)(3) of such Act (42 U.S.C. 12615(d)(3))
is amended by striking ``section 162(a)(3)'' and inserting
``section 159C(a)(3)''.
(2) Section 156(d) of such Act (42 U.S.C. 12616(d)) is
amended by striking ``section 162(a)(3)'' and inserting
``section 159C(a)(3)''.
(3) Section 159(c) of such Act (42 U.S.C. 12619(c)) is
amended--
(A) in paragraph (2)(C)(i), by striking ``section
162(a)(2)'' and inserting ``section 159C(a)(2)''; and
(B) in paragraph (3), by striking ``section
162(a)(2)(A)'' and inserting ``section 159C(a)(2)(A)''.
(4) Section 159B(b)(1)(B) of such Act (as redesignated by
section 3(2)) is amended by striking ``section 162(a)(3)'' and
inserting ``section 159C(a)(3)''.
(c) Redesignation of Appropriation Provisions.--Section 126(a)(1)
of the National and Community Service Act of 1990 (42 U.S.C.
12576(a)(1)) is amended by striking ``section 501(a)(4)'' and inserting
``section 501(a)(5)''.
(d) Table of Contents.--The table of contents in section 1(b) of
the National and Community Service Act of 1990 is amended, in the items
relating to title I of that Act--
(1) in the item relating to the subtitle header for
subtitle I, by striking ``Subtitle I'' and inserting ``Subtitle
J'';
(2) in the item relating to the subtitle header for
subtitle H, by striking ``Subtitle H'' and inserting ``Subtitle
I'';
(3) in the item relating to the subtitle header for
subtitle G, by striking ``Subtitle G'' and inserting ``Subtitle
H'';
(4) in the item relating to the subtitle header for
subtitle F, by striking ``Subtitle F'' and inserting ``Subtitle
G'';
(5) by redesignating the items relating to sections 160
through 166 as the items relating to sections 159A through
159G, respectively; and
(6) by inserting after the items relating to subtitle E the
following:
``Subtitle F--Semester of Service Programs
``Sec. 161. Definitions.
``Sec. 162. Grants to eligible agencies.
``Sec. 163. Subgrants to eligible entities.
``Sec. 164. Indian tribes and territories.
``Sec. 165. National quality and outreach activities.
``Sec. 166. National evaluation.
``Sec. 167. Construction.''.
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