[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5114 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5114

To establish the 21st Century Conservation Service Corps to place youth 
  and veterans in the United States in national service positions to 
protect, restore, and enhance the great outdoors of the United States, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2016

 Ms. McSally (for herself, Mr. Moulton, Mr. Newhouse, Mr. Gibson, and 
 Mr. Huffman) introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To establish the 21st Century Conservation Service Corps to place youth 
  and veterans in the United States in national service positions to 
protect, restore, and enhance the great outdoors of the United States, 
                        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 ``21st Century Conservation Service 
Corps Act of 2016''.

SEC. 2. PURPOSE.

    The purpose of this Act is to engage youth and veterans in the 
United States in national service positions to protect, restore, and 
enhance the outdoors of the United States, including to--
            (1) channel widespread interest among youth and veterans in 
        the United States in serving in national service positions to 
        help protect, restore, enhance, and increase public access to 
        and use of national parks, public and tribal land or water, and 
        natural, cultural, and historical resources and treasures for 
        the enjoyment and use of future generations while spurring 
        economic development and outdoor recreation by carrying out 
        high-quality, cost-effective 21CSC projects;
            (2) ensure that, in any State, tribal land or water, or 
        territory of the United States, the activities and expertise of 
        21CSC participants will be accessible to public organizations, 
        nonprofit organizations, and tribal agencies responsible for 
        the stewardship of public land or water, private land or water 
        (with a direct or recognized public benefit and in coordination 
        with the owner of such land or water), or tribal land or water; 
        and
            (3) place youth and veterans in national service positions 
        to protect, restore, and enhance the great outdoors of the 
        United States, through collaborative efforts involving relevant 
        Federal departments and Federal agencies to minimize undue 
        duplication, leverage existing resources, and maximize project 
        completion in a cost-effective manner.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) 21CSC organization.--The term ``21CSC organization'' 
        means an organization that is approved by a participating 
        entity for participation in the 21st Century Conservation 
        Service Corps.
            (2) 21CSC participant.--The term ``21CSC participant'' 
        means an individual who is selected by a 21CSC organization to 
        serve on a 21CSC project.
            (3) 21CSC project.--The term ``21CSC project'' means a 
        project that is carried out by a 21CSC organization.
            (4) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002), except that such term shall not include--
                    (A) an institution outside the United States, as 
                described in subsection (a)(1)(C) of such section; and
                    (B) an institution described in section 101(b) of 
                such Act (20 U.S.C. 1001(b)).
            (5) Participating entity.--The term ``participating 
        entity'' means a Federal entity headed by an officer described 
        in any of paragraphs (1) through (13) of section 5(b).
            (6) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the United States Virgin Islands, 
        Guam, American Samoa, and the Commonwealth of the Northern 
        Mariana Islands.
            (7) Tribal agency.--The term ``tribal agency'' has the 
        meaning given the term ``Indian tribe'' in section 101 of the 
        National and Community Service Act of 1990 (42 U.S.C. 12511).
            (8) Tribal land or water.--The term ``tribal land or 
        water'' means any real property or water owned by a tribal 
        agency, any real property or water held in trust by the United 
        States for an Indian (for the purpose of this paragraph, as 
        defined in such section) or tribal agency, and any real 
        property or water held by an Indian or tribal agency that is 
        subject to restrictions on alienation imposed by the United 
        States.
            (9) Veteran.--The term ``veteran'' has the meaning given 
        the term in section 101 of title 38, United States Code.
            (10) Youth.--The term ``youth'' means an individual who is 
        not younger than age 15 and not older than age 28.

SEC. 4. ESTABLISHING THE 21ST CENTURY CONSERVATION SERVICE CORPS.

    There is established a 21st Century Conservation Service Corps 
(referred to in this Act as the ``21CSC''), consisting of 21CSC 
organizations and 21CSC participants and in partnership with the 
participating entities, to carry out the purpose of this Act.

SEC. 5. PARTICIPATING ENTITIES.

    (a) In General.--The 21CSC shall be implemented jointly by the 
participating entities, which shall have the authority to support the 
21CSC by carrying out the activities described in subsection (c).
    (b) List of Entities.--The participating entities shall be the 
entities headed by each of the following officers:
            (1) The Secretary of the Interior.
            (2) The Secretary of Agriculture.
            (3) The Secretary of Transportation.
            (4) The Secretary of Labor.
            (5) The Secretary of Energy.
            (6) The Secretary of Defense.
            (7) The Secretary of Veterans Affairs.
            (8) The Secretary of Commerce.
            (9) The Administrator of the Environmental Protection 
        Agency.
            (10) The Chair of the Council on Environmental Quality.
            (11) The Chief Executive Officer of the Corporation for 
        National and Community Service.
            (12) The Assistant Secretary of the Army (Civil Works).
            (13) The head of any other Federal agency designated by the 
        President as necessary to serve as a participating entity.
    (c) Supporting the 21CSC.--
            (1) In general.--The participating entities may support the 
        21CSC by--
                    (A) establishing standards for the 21CSC;
                    (B) establishing a process for organizations to 
                apply and be approved to become 21CSC organizations;
                    (C) developing and supporting the public-private 
                partnerships described in subsection (e)(1);
                    (D) using or leveraging existing funding or 
                acquiring funding and other resources under section 7 
                to support 21CSC projects through the cooperative 
                agreements described in subsection (e);
                    (E) leveraging existing resources described in 
                section 7(b) to expand the use of the 21CSC to meet the 
                missions of such entities;
                    (F) utilizing technology to support 21CSC projects; 
                and
                    (G) collecting performance data on 21CSC projects 
                to prepare the reports required by paragraph (3)(A) and 
                demonstrate the impact of such projects.
            (2) Coordination to minimize undue duplication and maximize 
        project completion in a cost-effective manner.--
                    (A) Coordination with federal departments and 
                agencies.--The participating entities shall coordinate 
                with each other and with Federal departments and 
                Federal agencies, affected by or engaging in activities 
                that are similar to 21CSC projects, to--
                            (i) minimize to the greatest extent 
                        possible any undue duplication with specific 
                        project activities performed by the Federal 
                        departments and Federal agencies described in 
                        this subparagraph; and
                            (ii) maximize project completion in a cost-
                        effective manner by collaborating to leverage 
                        existing resources described in section 7(b).
                    (B) Coordination among entities.--Each 
                participating entity shall, when feasible, coordinate 
                activities with other participating entities to approve 
                21CSC organizations and collect the data required by 
                paragraph 3(A).
                    (C) Guidance.--The participating entities shall, 
                when practicable, seek guidance from--
                            (i) the Corporation for National and 
                        Community Service, which has extensive 
                        experience in developing and administering 
                        national service programs; and
                            (ii) the Department of Veterans Affairs on 
                        ways to increase participation of veterans in 
                        21CSC projects.
            (3) Reporting.--
                    (A) 21CSC reports.--
                            (i) In general.--Not later than 1 year 
                        after the date of enactment of this Act, and 
                        annually thereafter, all participating entities 
                        shall submit the required data described in 
                        clause (ii) to the Corporation for National and 
                        Community Service.
                            (ii) Required data.--The Corporation for 
                        National and Community Service, in coordination 
                        with the participating entities, shall prepare 
                        and submit an annual report to Congress that 
                        includes required data, for the year covered by 
                        the report, consisting of--
                                    (I) the number of 21CSC 
                                participants engaging in 21CSC projects 
                                and the length of the term of service 
                                for each participant;
                                    (II) the total amount of funding 
                                provided by participating entities for 
                                such service;
                                    (III) the type of service performed 
                                by 21CSC participants and the impact 
                                and accomplishments of such service; 
                                and
                                    (IV) other similar data determined 
                                to be appropriate by the Corporation 
                                for National and Community Service and 
                                the participating entities, including 
                                data sufficient to determine the 
                                effectiveness of 21CSC organizations in 
                                carrying out activities to achieve the 
                                purpose of this Act in a manner that is 
                                cost-effective and does not unduly 
                                duplicate or overlap with other 
                                activities or programs carried out by 
                                Federal departments and Federal 
                                agencies.
                            (iii) Data collection.--The Corporation for 
                        National and Community Service may coordinate 
                        with 21CSC organizations to collect the 
                        required data described in clause (ii).
                    (B) Comptroller general reports.--The Comptroller 
                General of the United States shall prepare and submit 
                to Congress an interim report, not later than 1 year 
                after the date of submission of the first report under 
                subparagraph (A)(ii), and a final report, not later 
                than 3 years after such date of submission, that 
                includes--
                            (i) an assessment, based on the data 
                        described in subparagraph (A)(ii), of the 
                        effectiveness of 21CSC organizations in 
                        achieving the purpose of this Act in a manner 
                        that is cost-effective and does not unduly 
                        duplicate or overlap with other activities or 
                        programs carried out by Federal departments and 
                        Federal agencies; and
                            (ii) recommendations on how to more 
                        effectively manage and carry out 21CSC projects 
                        to achieve the purpose of this Act in the 
                        manner described in clause (i).
                    (C) Additional reports.--The Comptroller General of 
                the United States may prepare and submit to Congress 
                additional reports including the content described in 
                subparagraph (B) as the Comptroller General determines 
                necessary.
    (d) Gifts and Donations.--The participating entities may accept, 
use, and dispose of contributions that are gifts or donations of money, 
services, or property to support the development, implementation, and 
expansion of 21CSC projects, in accordance with applicable laws, 
including regulations.
    (e) Cooperative Agreements With 21CSC Organizations.--
            (1) In general.--Each participating entity shall have the 
        authority to--
                    (A) develop public-private partnerships with 21CSC 
                organizations by entering into cooperative agreements 
                with such organizations to support and carry out 21CSC 
                projects; and
                    (B) leverage existing resources described in 
                section 7(b) to support such cooperative agreements.
            (2) Type of cooperative agreement.--A cooperative agreement 
        under this subsection may be--
                    (A) limited to an agreement for a specific 21CSC 
                project;
                    (B) a broad agreement covering multiple planned or 
                future 21CSC projects; or
                    (C) an agreement for a 21CSC project to be part of 
                a broader conservation service corps initiative carried 
                out in partnership with a Federal or State government 
                or a tribal agency.
            (3) Set share.--A cooperative agreement under this 
        subsection shall include provisions specifying the share that 
        the 21CSC organization will provide under section 7(c).

SEC. 6. 21CSC ORGANIZATIONS AND 21CSC PROJECTS.

    (a) 21CSC Organizations.--To be approved as a 21CSC organization, 
an organization seeking approval shall, to the maximum extent 
practicable, demonstrate the capability to meet, and provide an 
assurance that the organization will meet, each requirement under 
subsection (b).
    (b) 21CSC Projects.--
            (1) 21CSC participants engaged by 21csc organizations.--
                    (A) In general.--In carrying out a 21CSC project, 
                to the maximum extent practicable, a 21CSC organization 
                shall select individuals to be 21CSC participants who, 
                in addition to meeting the requirements of subparagraph 
                (B), are--
                            (i) youth, notwithstanding the requirements 
                        under paragraphs (3) and (4) of section 137(a) 
                        of the National and Community Service Act of 
                        1990 (42 U.S.C. 12591(a)) for any 21CSC 
                        participant participating in a 21CSC project 
                        supported and carried out by the Corporation 
                        for National and Community Service; or
                            (ii) veterans not older than age 35.
                    (B) Citizenship requirement.--To be selected as a 
                21CSC participant, an individual shall be--
                            (i) a citizen or national of the United 
                        States; or
                            (ii) a lawful permanent resident alien of 
                        the United States.
                    (C) Emphasis on diversity and inclusion.--In 
                selecting 21CSC participants, the organization shall 
                make deliberate outreach efforts to engage 
                traditionally underserved populations, including 
                veterans and disadvantaged youth (as defined in section 
                101 of the National and Community Service Act of 1990 
                (42 U.S.C. 12511)).
            (2) Compensation for participants.--The organization shall 
        provide compensation to each 21CSC participant that shall 
        include 1 or more of the following:
                    (A) A wage.
                    (B) A stipend.
                    (C) A living allowance.
                    (D) An educational credit that may be applied 
                towards a program of postsecondary education at a 
                participating institution of higher education that 
                agrees to award such credit for participation in a 
                21CSC project.
            (3) Organization of service for participants.--
                    (A) In general.--In carrying out the 21CSC project, 
                the organization shall, to the maximum extent 
                practicable, organize 21CSC participants as--
                            (i) crew-based participants who--
                                    (I) serve together with other crew-
                                based participants; and
                                    (II) are directly supervised by 
                                trained and experienced crew-based 
                                leaders or conservation professionals; 
                                or
                            (ii) individual or small team-based 
                        participants who serve--
                                    (I) individually or in a 
                                coordinated small team;
                                    (II) under the direction of 
                                conservation professionals; and
                                    (III) on initiatives that require 
                                specific skills and dedicated 
                                attention.
                    (B) Veteran and civilian cooperation.--The 
                organization shall, to the extent practicable, 
                encourage cooperation among veteran and civilian 21CSC 
                participants.
            (4) 21CSC projects.--The organization shall carry out a 
        21CSC project that includes national service involving--
                    (A) protecting, restoring, and enhancing national 
                parks, public and tribal land or water, and natural, 
                cultural, and historical resources and treasures;
                    (B) supporting outdoor recreation and urban green 
                spaces;
                    (C) restoring and safeguarding the natural 
                resources of the United States, such as through trail 
                maintenance, removal of invasive species, wildfire 
                prevention, historic preservation, and disaster relief; 
                or
                    (D) service that is primarily indoors, such as 
                service in science, policy, or program internships, 
                with a clear benefit for natural, cultural, or historic 
                resources or treasures.
            (5) 21CSC participant outcomes.--In carrying out a 21CSC 
        project, the organization shall provide 21CSC participants 
        with--
                    (A) job skill development to prepare such 
                participants for success in the 21st century workforce;
                    (B) community skill development to help such 
                participants acquire an ethic of service to others and 
                become more effective resource and community stewards; 
                and
                    (C) a greater understanding of the natural, 
                cultural, or historic resources or treasures in the 
                United States.
    (c) Exclusion From Prevailing Wage and Hour Laws.--
            (1) Prevailing wage and hours laws.--Any form of 
        compensation, including stipends, provided to 21CSC 
        participants under subsection (b)(2) shall not be subject to 
        the requirements of prevailing wage laws under subchapter IV of 
        chapter 31 of title 40, United States Code.
            (2) Nonemployee status.--A 21CSC participant shall not be 
        considered--
                    (A) an employee of the 21CSC organization that 
                selected such participant to serve on a 21CSC project 
                under this Act, in the same manner as a participant is 
                excluded under section 101(30) of the National and 
                Community Service Act of 1990 (42 U.S.C. 12511(30)); or
                    (B) a Federal employee, and shall not be subject to 
                the provisions of law relating to Federal employment, 
                except that such provisions shall apply to any 21CSC 
                participant to the extent provided for a participant or 
                crew leader under section 199M(b) of such Act (42 
                U.S.C. 12655n(b)).
    (d) Eligibility for Noncompetitive Hiring Status.--
            (1) In general.--A qualified individual described in 
        paragraph (2) shall be eligible for appointment in the 
        competitive service in the same manner as Peace Corps 
        volunteers as prescribed in Executive Order 11103 (22 U.S.C. 
        2504 note; relating to Providing for the Appointment of Former 
        Peace Corps Volunteers to the Civilian Career Services), as 
        amended by Executive Order 12107 (44 Fed. Reg. 1055; relating 
        to the Civil Service Commission and Labor-Management in the 
        Federal Service).
            (2) Qualified individual.--A qualified individual described 
        in this subsection is an individual who is certified by the 
        corresponding participating entities as having successfully 
        completed 1 or more terms of service, as determined by an 
        agreement between the 21CSC organization and the 21CSC 
        participant, that, in total, are not less than 640 hours.
            (3) Period.--A qualified individual described in paragraph 
        (2) shall be eligible for an appointment under paragraph (1) 
        during the 2-year period beginning on the date on which such 
        individual completes 1 or more terms of service, as determined 
        under paragraph (2), that, in total, are not less than 640 
        hours.

SEC. 7. FUNDING.

    (a) Investments.--
            (1) In general.--In addition to using funding provided 
        under subsections (b) and (c), to fund 21CSC projects, each 
        21CSC organization shall leverage the funds provided under such 
        subsections by soliciting in-cash or in-kind contributions from 
        public or private sources.
            (2) Methods.--To leverage the funds under paragraph (1), 
        each 21CSC organization may solicit contributions by using 
        innovative strategies, such as crowd-funding.
    (b) Existing Resources.--In addition to using funding provided 
under subsections (a) and (c), to fund a 21CSC project, each 
participating entity shall be limited to using existing resources that 
have been appropriated or allocated to such participating entity, as of 
the period of implementation of such 21CSC project, under laws and 
authorities other than this Act.
    (c) Set Share.--A 21CSC organization conducting a 21CSC project 
shall provide a share of not less than 10 percent of the total cost of 
such project. The organization may provide the share in cash or in kind 
from State, local, or private sources.

SEC. 8. RULE OF CONSTRUCTION.

    Except as provided in section 6(b)(1)(A)(i), the requirements and 
authorities provided under this Act for 21CSC participants, 21CSC 
organizations, and participating entities with respect to a 21CSC 
project shall be in addition to the requirements and authorities 
provided under other Federal law for such participants, organizations, 
and entities with respect to that project.
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