[Congressional Record Volume 149, Number 89 (Tuesday, June 17, 2003)]
[Senate]
[Pages S7981-S8001]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. LEAHY (for himself, Mr. Inouye, and Mr. Bingaman):
S. 1271. A bill to enhance the criminal penalties for illegal
trafficking of archaeological resources, and for other purposes; to the
Committee on Energy and Natural Resources.
Mr. LEAHY. Mr. President, I rise today to introduce the Enhanced
Protection of Our Cultural Heritage Act. This legislation was reported
last year by the Energy Committee, and I hope that this year it will
become law. The bill would increase the maximum penalties for
violations of three existing statutes that protect the cultural and
archaeological history of the American people, particularly Native
Americans. The United States Sentencing Commission asked Congress last
year to make these statutory changes, which would complement the
Commission's strengthening of Federal sentencing
[[Page S7982]]
guidelines to ensure more stringent penalties for criminals who steal
from our public lands. Senator Inouye joins me as a cosponsor.
This bill will increase the maximum penalties for the Archaeological
Resources Protection Act, ARPA, 16 USC Sec. 470ee, the Native American
Graves Protection and Repatriation Act, NAGPRA, 18 USC Sec. 1170, and
for 18 USC Sec. 1163, which prohibits theft from Indian Tribal
Organizations. All three statutes currently impose a 5-year maximum
sentence, and each includes a lower maximum for a first offense of the
statute and/or a violation of the statute involving property of less
than a specified value. This bill would create a 10-year maximum
sentence for each statute. In response to comments from the
administration last year, the bill retains misdemeanor offenses for
relatively minor offenses.
The increased maximum sentences would be consistent with similar
Federal statutes. For example, the 1994 law proscribing museum theft
carries a 10-year maximum sentence, as do the general statutes
punishing theft and the destruction of Government property. Moreover,
increasing the maximum sentences will give judges and the Sentencing
Commission greater discretion to impose punishments appropriate to the
amount of destruction a defendant has done.
Making these changes will also enable the Sentencing Commission's
2002 sentencing guidelines to be fully implemented. The Commission has
increased sentencing guidelines for cultural heritage crimes, but the
statutory maximum penalties contained in current law will prevent
judges from issuing sentences in the upper range of the new guidelines.
The 2002 guidelines had the enthusiastic support of the Justice and
Interior Departments, the Society for American Archeology, the National
Trust for Historic Preservation, numerous Native American nations, and
many others. Congress should take the steps necessary to see the
guidelines take full effect.
Two of the three laws this bill amends protect Native American lands
and property. The third, ARPA, protects both public and Indian lands,
and provides significant protection to my State of Vermont. For
example, ARPA can be used to prosecute those who would steal artifacts
from the wrecked military vessels at the bottom of Lake Champlain that
date to the Revolutionary War and the War of 1812. U.S. Attorneys can
also use ARPA to prosecute criminals who take items that are at least
100 years old from a protected site on Vermont state property without a
permit, and then transport those goods into another state. In addition,
ARPA protects artifacts found on the approximately 5 percent of Vermont
land that is Federal property, land that includes many ``ghost towns''
that have long been abandoned but are an important part of our history.
Those who would pillage the rich cultural heritage of this nation and
its people are committing serious crimes. These artifacts are the
legacy of all Americans and should not be degraded as garage sale
commodities or as fodder for private enrichment.
I would like to thank a number of people for their help and advice
about this legislation. Charlie Tetzlaff, as well as the rest of the
staff at the Sentencing Commission, helped us understand the importance
of this issue, and made protecting our cultural heritage a priority
when he served as United States Attorney for Vermont. Art Cohn, the
director of the Lake Champlain Maritime Museum, and Giovanna Peebles,
Vermont's State Archeologist, were very helpful in explaining how our
laws protect the cultural heritage of Vermont and the rest of the
nation, and I am grateful for their support for this bill.
Passage of this legislation would demonstrate Congress' commitment to
preserving our Nation's history and our cultural heritage. I urge my
colleagues to support this common-sense initiative.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1271
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 ``Enhanced Protection of Our
Cultural Heritage Act of 2003''.
SEC. 2. ENHANCED PENALTIES FOR CULTURAL HERITAGE CRIMES.
(a) Enhanced Penalty for Embezzlement and Theft From Indian
Tribal Organizations.--Section 1163 of title 18, United
States Code, is amended by striking ``five years'' and
inserting ``10 years''.
(b) Enhanced Penalty for Illegal Trafficking in Native
American Human Remains and Cultural Items.--Section 1170 of
title 18, United States Code, is amended--
(1) in subsection (a), by striking ``or imprisoned not more
than 12 months, or both, and in the case of second or
subsequent violation, be fined in accordance with this title,
or imprisoned not more than 5 years'' and inserting
``imprisoned not more than 10 years''; and
(2) in subsection (b), by striking ``imprisoned not more
than one year'' and all that follows through the end of the
subsection and inserting ``imprisoned not more than 10 years,
or both; but if the sum of the commercial and archaeological
value of the cultural items involved and the cost of
restoration and repair of such items does not exceed $500,
such person shall be fined in accordance with this title,
imprisoned not more than 1 year, or both.''.
(c) Enhanced Penalty for Archaeological Resources.--Section
6(d) of the Archaeological Resources Protection Act of 1979
(16 U.S.C. 470ee(d)) is amended by striking ``not more than
$10,000'' and all that follows through the end of the
subsection and inserting ``in accordance with title 18,
United States Code, imprisoned not more than 10 years, or
both; but if the sum of the commercial and archaeological
value of the archaeological resources involved and the cost
of restoration and repair of such resources does not exceed
$500, such person shall be fined in accordance with title 18,
United States Code, imprisoned not more than 1 year, or
both.''.
______
By Mr. CORZINE (for himself, Mr. Bayh, Mrs. Clinton, and Mr.
Kennedy):
S. 1272. A bill to amend the Occupational Safety and Health Act of
1970 to modify the provisions relating to citations and penalties; to
the Committee on Health, Education, Labor and Pensions.
Mr. CORZINE. Mr. President, I rise to introduce the ``Wrongful Death
Accountability Act,'' legislation that would, among other things,
increase the maximum criminal penalty for those who willfully violate
workplace safety laws and cause the death of an employee.
Unbelievably, under existing law, that crime is a misdemeanor, and
carries a maximum prison sentence of just 6 months. This legislation
would increase the penalty for this most egregious workplace crime to
10 years--making it a felony. The bill also would increase the penalty
associated with lying to an OSHA inspector from 6 months to 1 year, and
would increase the penalty for illegally giving advance warning of an
upcoming inspection from 6 months to 2 years.
In recent months, this Congress has focused on a shocking succession
of corporate scandals: Enron, Tyco, WorldCom, to name a few. These
revelations of corporate abuse raised the ire and indignation of the
American people. But corporate abuses can sometimes go further than
squandering employee pension funds and costing shareholder value.
Sometimes, corporate abuses can cost lives.
My legislation is based on the simple premise that going to work
should not carry a death sentence. Annually, more than 6,000 Americans
are killed on the job, and some 50,000 more die from work-related
illnesses. Many of those deaths--deaths that leave wives without
husbands, brothers without sisters, and children without parents--are
completely preventable.
Earlier this year, the New York Times published an eye-opening,
multi-part series that documented the failure of the Federal government
to prosecute violators of workplace safety laws. The articles were
deeply disturbing to anyone concerned about the health and well being
of workers in America, detailing one company's pattern of recklessly
disregarding basic safety rules. The authors linked at least nine
employee deaths in five states--New York, New Jersey, Ohio, Alabama,
and Texas--over a 7-year period with the failure of a single company,
McWane Foundry, to follow established workplace safety regulations.
Three of those deaths were judged to have been caused by deliberate and
willful violations of federal safety rules.
As a result of that article and a subsequent criminal investigation,
McWane has begun to clean up its act.
[[Page S7983]]
But no one should be deluded. McWane is not the only company with a
record of putting employees at risk. Others--although still the clear
minority--continue to flout workplace safety rules and jeopardize the
health and well being of workers.
The administration recognized that there was a problem and recently
announced its ``enhanced enforcement policy,'' a small step in the
right direction. But more needs to be done, and I have requested the
support of Secretary Henshaw, Administrator of OSHA, for my
legislation.
While many factors contribute to the unsafe working environment that
exists at certain jobsites, one easily remedied factor is an
ineffective regime of criminal penalties. The criminal statutes
associated with OSHA have been on the books since the 1970s, but--over
time--the deterrence value of these important workplace safety laws has
eroded substantially. With the maximum jail sentence a paltry 6 months,
Federal prosecutors have only a minimal incentive to spend time and
resources prosecuting renegade employers. According to a recent
analysis, since the Occupational Safety and Health Act was enacted,
only 11 employers who caused the death of a worker on the job were
incarcerated.
The logic behind this legislation is simple. The bill will increase
the incentive for prosecutors to hold renegade employers accountable
for endangering the lives of their workers and, thereby, help ensure
that OSHA criminal penalties cannot be safely ignored. This will
provide the OSHA criminal statute with sufficient teeth to deter the
small percentage of bad actors who knowingly and willfully place their
employees at risk.
I urge my colleagues to support this important piece of legislation
and ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1272
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 ``Wrongful Death
Accountability Act.''
SEC. 2. OSHA CRIMINAL PENALTIES.
Section 17 of the Occupational Safety and Health Act of
1970 (29 U.S.C. 666) is amended--
(1) in subsection (e)--
(A) by striking ``fine of not more than $10,000'' and
inserting ``fine in accordance with section 3571 of title 18,
United States Code,'';
(B) by striking ``six months'' and inserting ``10 years'';
(B) by striking ``fine of not more than $20,000'' and
inserting ``fine in accordance with section 3571 of title 18,
United States Code,'';
(C) by striking ``one year'' and inserting ``20 years'';
and
(E) by inserting ``under this subsection or subsection
(i)'' after ``first conviction of such person'';
(2) in subsection (f), by striking ``fine of not more than
$1,000 or by imprisonment for not more than six months,'' and
inserting ``fine in accordance with section 3571 of title 18,
United States Code, or by imprisonment for not more than 2
years,''; and
(3) in subsection (g), by striking ``fine of not more than
$10,000, or by imprisonment for not more than six months,''
and inserting ``fine in accordance with section 3571 of title
18, United States Code, or by imprisonment for not more than
1 year,''.
______
By Mr. KENNEDY (for himself, Mr. Daschle, Mr. Jeffords, Mr.
Edwards, Mr. Reed, Mrs. Clinton, Mrs. Murray, Mr. Bingaman, Mr.
Dodd, and Mr. Harkin):
S. 1273. A bill to provide for a study to ensure that students are
not adversely affected by changes to the needs analysis tables, and to
require the Secretary of Education to consult with the Advisory
Committee on Student Financial Assistance regarding such changes; to
the Committee on Health, Education, Labor, and Pensions.
Mr. KENNEDY. Mr. President, it is a privilege to join my colleagues,
Senator Daschle, Senator Jeffords, Senator Edwards, Senator Reed,
Senator Clinton, Senator Murray, Senator Bingaman and Senator Dodd, to
introduce legislation to amend the Higher Education Act to require a
feasibility and impact study on the recent changes in the state and
local tax tables that are the basis for determining need-based aid for
college students.
The bill will direct GAO to complete a study in consultation with the
Advisory Committee on Student Financial Assistance within 90 days, well
in advance of the 04-05 academic year when these changes would take
effect. The advisory committee is a non-partisan board appointed by the
President, which oversees college financial aid. Any future changes in
the tables would have to be considered in consultation with the
Advisory Committee.
When decisions are made that affect the cost of college, it is
important for Congress to understand the factors that influenced that
decision and the practical impact of those decisions on students. In
light of the slumping economy, State budget crises, and rising college
costs, the Department's proposed changes come at a very difficult time
for students and their families. Raising the cost of tuition by a few
hundred dollars may well mean that qualified students can no longer
afford college. It is our responsibility to see that any such changes
are made for sound reasons.
I also urge the Department of Education to work with Congress in the
future in making these decisions, so that all of us in the House and
Senate will have a reasonable opportunity to consider such changes
before they are made.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1273
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. STUDY AND CONSULTATION.
(a) Study.--In order to ensure that students are not
adversely affected by the proposed changes to the tables used
in the Federal Needs Analysis Methodology to determine a
student's expected family contribution for the award year
2004-2005 under part F of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1087kk et seq.), the Comptroller
General, in consultation with the Advisory Committee on
Student Financial Assistance, shall conduct a study of such
proposed changes that shall include an examination of the
impact of such changes on students. A report of the findings
of the study shall be transmitted to the Secretary of
Education and the appropriate committees of Congress not
later than 90 days after the date of enactment of this Act.
(b) Consultation.--Section 478 of the Higher Education Act
of 1965 (20 U.S.C. 1087rr) is amended by adding at the end
the following:
``(i) Consultation Required.--Prior to publishing any
notice or promulgating any regulation with respect to updated
tables under this section, the Secretary shall consult with
the Advisory Committee on Student Financial Assistance
regarding such updated tables.''.
______
By Mr. KENNEDY (for himself, Mr. McCain, Mr. Bayh, Ms. Mikulski,
and Mr. Rockefeller):
S. 1274. A bill to reauthorize and reform the national laws; to the
Committee on Health, Education, Labor, and Pensions.
Mr. KENNEDY. Mr. President, it is a privilege to join my colleagues
in introducing legislation to reauthorize the Corporation for National
Service. In 1993 the bipartisan National Service Act created a new
program to give citizens of all ages the opportunity to serve their
communities. Our goal now is to work with the administration to promote
and expand service through the State commissions and the extensive
system of national organizations that recruit, train and place
volunteers and mentors. The legislation we are introducing, the Call to
Service Act, will reauthorize the Corporation for National Service and
keep these programs on track to achieve this goal.
Over 250,000 Americans have given a year of service in communities
across the country, tutoring young people, connecting people to health
care, and building stronger communities. Through the AmeriCorps model,
we can give more young people the support they need to dedicate a year
of their lives to service. These are active citizens, and our country
will benefit immensely from the lessons we learn in serving others.
Community service knows no age limits. Thousands of older Americans
volunteer to tutor young people or support others in living
independently, or serve in local agencies. Senior citizens are a
valuable resource in every community, and service gives them an
effective way to continue to be involved
[[Page S7984]]
in the communities they helped to build. The Foster Grandparent, Senior
Companion, and RSVP programs, enable seniors to contribute every day to
their communities.
The Learn and Serve programs enable young men and women to learn
early in their lives that serving others is important, and that service
is a basic responsibility of citizenship. Children learn the value of
community service, and build habits of service that last a lifetime.
Service learning programs for elementary and secondary students provide
hands-on experiences to supplement traditional school curriculums. The
evidence is irrefutable. Service learning works. When students help
others in their communities, they do better academically in school too.
In terms of cost effectiveness, the Federal Learn and Serve America
program is an excellent investment. In the 2001-2002 school year more
than 800,000 students across the country from grades K through 12 had
the opportunity to serve their community, raise their academic
achievement, and develop social skills. In Massachusetts, over 86,000
students of all ages currently participate in Learn and Serve programs.
Our bill strengthens our commitment to service by increasing the
number of volunteers in AmeriCorps, lowering the age for senior service
from 60 to 55 and increasing the authorization for Learn and Serve. In
addition, our bill creates a new service opportunity for high school
students. After completing 300 hours of service to their community,
high school students will earn a $1,000 award to use on college. This
increases the critical service to communities, builds the habit of
serving in young people and sets them on track to continue their
education.
I hope that my colleagues will support this legislation.
I ask unanimous consent that the text of this bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1274
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Call to
Service Act''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--AMENDMENTS TO NATIONAL AND COMMUNITY SERVICE ACT OF 1990
Sec. 1001. References.
Subtitle A--General Provisions
Sec. 1101. Purposes of Act.
Sec. 1102. Definitions.
Subtitle B--Service-Learning
Sec. 1201. School-based allotments.
Sec. 1202. Higher education provisions.
Sec. 1203. Community-based programs, training, and other initiatives.
Sec. 1204. Service-learning clearinghouse.
Subtitle C--National Service Trust Program
Sec. 1301. Prohibition on grants to Federal agencies; limits on
Corporation costs.
Sec. 1302. E-Corps and technical amendments to types of programs.
Sec. 1303. Types of positions.
Sec. 1304. Training and technical assistance.
Sec. 1305. Assistance to State Commissions; challenge grants.
Sec. 1306. Allocation of assistance to States and other eligible
entities.
Sec. 1307. Additional authority.
Sec. 1308. State selection of programs.
Sec. 1309. Consideration of applications.
Sec. 1310. Description of participants.
Sec. 1311. Reference to Federal agency.
Sec. 1312. Terms of service.
Sec. 1313. Adjustments to living allowance.
Subtitle D--National Service Trust and Provision of National Service
Educational Awards
Sec. 1401. Availability of funds in the National Service Trust.
Sec. 1402. Individuals eligible to receive a national service
educational award from the Trust.
Sec. 1403. Determination of the amount of national service educational
awards.
Sec. 1404. Disbursement of national service educational awards.
Sec. 1405. Additional uses of national service trust amounts.
Subtitle E--National Civilian Community Corps
Sec. 1501. Purpose.
Sec. 1502. National Civilian Community Corps.
Sec. 1503. Program components.
Sec. 1504. Eligible participants.
Sec. 1505. Summer national service program.
Sec. 1506. Team leaders.
Sec. 1507. Consultation with State Commissions.
Sec. 1508. Permanent cadre.
Sec. 1509. Contract and grant authority.
Sec. 1510. Other departments.
Sec. 1511. Repeal of authority for advisory board and funding
limitation.
Sec. 1512. Definitions.
Sec. 1513. Terminology.
Subtitle F--Administrative Provisions
Sec. 1601. Family and medical leave.
Sec. 1602. Additional prohibitions on use of funds.
Sec. 1603. Notice, hearing, and grievance procedures.
Sec. 1604. Resolution of displacement complaints.
Sec. 1605. State Commissions on National and Community Service.
Sec. 1606. Evaluation and accountability.
Sec. 1607. Technical amendment.
Sec. 1608. Additional administrative provisions.
Subtitle G--Corporation for National and Community Service
Sec. 1701. Terms of office.
Sec. 1702. Board of Directors authorities and duties.
Sec. 1703. Peer reviewers.
Sec. 1704. Officers.
Sec. 1705. Nonvoting members; personal services contracts.
Sec. 1706. Donated services.
Subtitle H--Investment for Quality and Innovation
Sec. 1801. Technical amendments to subtitle H.
Sec. 1802. Clearinghouses.
Sec. 1803. Repeal of special demonstration project.
Subtitle I--Additional Authorities
Sec. 1901. America's Promise: The Alliance for Youth.
Subtitle J--Points of Light Foundation
Sec. 1911. Purposes.
Sec. 1912. Board of Directors.
Sec. 1913. Grants to the Foundation.
Subtitle K--Authorization of Appropriations
Sec. 1921. Authorization.
TITLE II--AMENDMENTS TO THE DOMESTIC VOLUNTEER SERVICE ACT OF 1973
Sec. 2001. References.
Subtitle A--National Volunteer Antipoverty Programs
Sec. 2101. Purpose.
Sec. 2102. Purpose of the VISTA program.
Sec. 2103. Applications.
Sec. 2104. Terms and periods of service.
Sec. 2105. Sections repealed.
Sec. 2106. Redesignation.
Sec. 2107. University Year for VISTA Program.
Sec. 2108. Conforming amendment.
Subtitle B--National Senior Service Corps
Sec. 2201. Change in name.
Sec. 2202. Purpose.
Sec. 2203. Grants and contracts for volunteer service projects.
Sec. 2204. Foster Grandparent Program grants.
Sec. 2205. Senior Companion Program grants.
Sec. 2206. Technical amendments.
Sec. 2207. Programs of national significance.
Sec. 2208. Additional provisions.
Subtitle C--Administration and Coordination
Sec. 2301. Nondisplacement.
Sec. 2302. Definitions.
Sec. 2303. Protection against improper use.
Sec. 2304. Income verification.
Sec. 2305. Sections repealed.
Sec. 2306. Redesignations.
Subtitle D--Authorization of Appropriations
Sec. 2401. Authorization of appropriations for VISTA and other
purposes.
Sec. 2402. Authorization of appropriations for National Senior Service
Corps.
Sec. 2403. Administration and coordination.
Sec. 2404. Redesignations.
TITLE III--AMENDMENTS TO OTHER LAWS
Sec. 3001. Inspector General Act of 1978.
TITLE IV--TECHNICAL AMENDMENTS TO TABLES OF CONTENTS
Sec. 4001. Table of contents for the National and Community Service Act
of 1990.
Sec. 4002. Table of contents for the Domestic Volunteer Service Act of
1973.
TITLE V--EFFECTIVE DATE AND SENSE OF CONGRESS
Sec. 5001. Effective date.
Sec. 5002. Service assignments and agreements.
Sec. 5003. Sense of Congress.
Sec. 5004. Recruitment and application materials in languages other
than English.
TITLE I--AMENDMENTS TO NATIONAL AND COMMUNITY SERVICE ACT OF 1990
SEC. 1001. REFERENCES.
Except as otherwise specifically provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a provision, the reference shall
be considered to be made to a provision of the National and
Community Service Act of 1990 (42 U.S.C. 12501 et seq.).
Subtitle A--General Provisions
SEC. 1101. PURPOSES OF ACT.
Section 2(b) (42 U.S.C. 12501(b)) is amended--
(1) in paragraph (7), by striking ``citizens; and'' and
inserting ``citizens;'';
(2) in paragraph (8), by striking the period and inserting
a semicolon; and
[[Page S7985]]
(3) by adding at the end the following:
``(9) expand and strengthen service-learning programs to
improve the education of children and youth and to maximize
the benefits of national and community service;
``(10) support efforts to assist the nonprofit sector in
becoming more effective in meeting the unmet human,
educational, environmental, and public safety needs of the
United States; and
``(11) assist in coordinating and strengthening Federal and
other citizen service opportunities, including opportunities
for participation in homeland security preparedness and
response, including training for limited duration national
service.''.
SEC. 1102. DEFINITIONS.
Section 101 (42 U.S.C. 12511) is amended--
(1) in paragraph (13), by striking ``section 101(a) of the
Higher Education Act of 1965'' and inserting ``sections
101(a) and 102(a)(1) of the Higher Education Act of 1965'';
(2) in paragraph (19), by striking ``section 198, 198C, or
198D'' and inserting ``section 198 or 198C''; and
(3) in paragraph (21)(B)--
(A) by striking ``section 602(a)(1)'' and inserting
``section 602(3)''; and
(B) by striking ``20 U.S.C. 1401(a)(1)'' and inserting ``20
U.S.C. 1401(3)''.
Subtitle B--Service-Learning
SEC. 1201. SCHOOL-BASED ALLOTMENTS.
Part I of subtitle B of title I (42 U.S.C. 12521 et seq.)
is amended to read as follows:
``PART I--PROGRAMS FOR ELEMENTARY AND SECONDARY SCHOOL STUDENTS
``Subpart A--Programs for Students
``SEC. 111. ASSISTANCE TO STATES AND INDIAN TRIBES.
``(a) Allotments to States, Territories, and Indian
Tribes.--The Corporation, after consultation with the
Secretary of Education, may make allotments to State
educational agencies (including such educational agencies of
States described in section 112(a)) and Indian tribes to pay
for the Federal share of--
``(1) planning and building the capacity within the State
or tribe to implement service-learning programs that are
based principally in elementary schools and secondary
schools, including--
``(A) providing high-quality training for teachers,
supervisors, personnel from community-based agencies
(particularly with regard to the utilization of
participants), and trainers, to be conducted by qualified
individuals or organizations that have experience with
service-learning;
``(B) developing service-learning curricula, consistent
with State or local student academic achievement standards,
to be integrated into academic programs, including an age-
appropriate learning component that provides participants an
opportunity to analyze and apply their service experiences;
``(C) forming local partnerships described in paragraph (2)
or (4)(E) to develop school-based service-learning programs
in accordance with this subpart;
``(D) devising appropriate methods for research and
evaluation of the educational value of service-learning and
the effect of service-learning activities on communities; and
``(E) establishing effective outreach and dissemination of
information to ensure the broadest possible involvement of
community-based agencies with demonstrated effectiveness in
working with school-age youth in their communities;
``(2) implementing, operating, or expanding school-based
service-learning programs, which may include paying for the
cost of the recruitment, professional development, training,
supervision, placement, salaries, and benefits of service-
learning coordinators, through distribution by State
educational agencies and Indian tribes of Federal funds made
available under this subpart to projects operated by local
partnerships among--
``(A) local educational agencies; and
``(B) 1 or more community partners that--
``(i) shall include a public or private nonprofit
organization that--
``(I) has a demonstrated expertise in the provision of
services to meet unmet human, educational, environmental, or
public safety needs; and
``(II) will make projects available for participants, who
shall be students;
``(ii) may include an Indian tribe; and
``(iii) may include a private for-profit business or
private elementary school or secondary school;
``(3) planning of school-based service-learning programs,
through distribution by State educational agencies and Indian
tribes of Federal funds made available under this subpart to
local educational agencies, which planning may include paying
for the cost of--
``(A) the salaries and benefits of service-learning
coordinators; or
``(B) the recruitment, professional development, training,
supervision, and placement of service-learning coordinators
(who may be participants in a program under subtitle C or
eligible to receive a national service educational award
under subtitle D),
who will identify the community partners described in
paragraph (2)(B) and assist in the design and implementation
of a program described in paragraph (2); or
``(4) implementing, operating, or expanding school-based
service-learning programs to utilize service-learning to
improve the education of students, through distribution by
State educational agencies and Indian tribes of Federal funds
made available under this subpart to--
``(A) local educational agencies;
``(B) public or private nonprofit organizations;
``(C) other educational agencies;
``(D) Indian tribes; or
``(E) partnerships of local educational agencies and
entities described in subparagraphs (B), (C), and (D).
``(b) Duties of Service-Learning Coordinator.--A service-
learning coordinator referred to in paragraph (2) or (3) of
subsection (a) shall provide services to a recipient of
financial assistance under this subpart that may include--
``(1) providing technical assistance and information to,
and facilitating the training of, teachers who want to use
service-learning in their classrooms;
``(2) assisting local partnerships described in subsection
(a) in the planning, development, and execution of service-
learning projects; and
``(3) carrying out such other duties as the recipient of
financial assistance under this subpart may determine to be
appropriate.
``(c) Related Expenses.--A recipient of financial
assistance under this subpart may, in carrying out the
activities described in subsection (a), use such assistance
to pay for the Federal share of reasonable costs related to
the supervision of participants, program administration,
transportation, insurance, and evaluations, and of other
reasonable expenses related to the activities.
``SEC. 112. ALLOTMENTS.
``(a) Indian Tribes and Territories.--Of the funds
appropriated to carry out this subpart for any fiscal year,
the Corporation shall reserve an amount of not more than 3
percent for payments to Indian tribes, the United States
Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands, to be allotted in accordance
with their respective needs.
``(b) Allotments To States.--After reserving an amount
under subsection (a), the Corporation shall use the remainder
of the funds appropriated for any fiscal year to carry out
this subpart as follows:
``(1) Allotments.--
``(A) School-age youth.--The Corporation shall allot to
each State an amount that bears the same ratio to 50 percent
of such remainder as the number of school-age youth in the
State bears to the total number of school-age youth of all
States.
``(B) Allocation under elementary and secondary education
act of 1965.--The Corporation shall allot to each State an
amount that bears the same ratio to 50 percent of such
remainder as the allocation to the State for the previous
fiscal year under part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.)
bears to the total of such allocations to all States.
``(2) Definition.--Notwithstanding section 101(26), in this
subsection, the term `State' means each of the several
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
``(c) Reallotment.--If the Corporation determines that the
allotment of a State or Indian tribe under this section will
not be required for a fiscal year because the State or Indian
tribe did not submit an application for the allotment under
section 113 that meets the requirements of such section and
such other requirements as the Chief Executive Officer may
determine to be appropriate, the Corporation shall make such
allotment available for reallotment in accordance with
subsections (a) and (b) to such other States and Indian
tribes, with approved applications submitted under section
113, as the Corporation may determine to be appropriate.
``SEC. 113. APPLICATIONS.
``To be eligible to receive an allotment under this
subpart, a State or Indian tribe shall submit an application
to the Corporation at such time, in such manner, and
containing such information as the Chief Executive Officer
may reasonably require, including--
``(1) a proposal for a 3-year plan promoting service-
learning through the programs described in section 111, which
shall contain such information as the Chief Executive Officer
may reasonably require, including how the applicant will
integrate service opportunities into the academic program of
the participants;
``(2) information, in applicable cases, about the
applicant's efforts to--
``(A) include in the programs opportunities for students,
enrolled in schools or other programs providing elementary or
secondary education under State law, to participate in
service-learning programs and ensure that such service-
learning programs include opportunities for such students to
serve together;
``(B) involve participants in the design and operation of
the programs;
``(C) promote service-learning in areas of greatest need,
including low-income areas; and
``(D) ensure that students of different ages, races, sexes,
ethnic groups, disabilities, and economic backgrounds have
opportunities to serve together; and
``(3) assurances that the applicant will comply with the
nonduplication and nondisplacement requirements of section
177 and the grievance procedure requirements of section
176(f).
[[Page S7986]]
``SEC. 114. CONSIDERATION OF APPLICATIONS.
``In considering applications under this subpart, the
Corporation shall use criteria that include those approved by
the Chief Executive Officer, after consideration of criteria
recommended by the Board of Directors.
``SEC. 115. FEDERAL, STATE, AND LOCAL CONTRIBUTIONS.
``(a) Federal Share.--
``(1) In general.--The Federal share of the cost of
carrying out a program for which an allotment is made under
this subpart may not exceed 50 percent of the total cost of
carrying out the program.
``(2) Non-federal contribution.--In providing for the
remaining share of the cost of carrying out such a program,
each recipient of an allotment 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 or
local sources.
``(b) Waiver.--The Chief Executive Officer may waive the
requirements of subsection (a) in whole or in part with
respect to any such program for any fiscal year if the
Corporation determines that such a waiver would be equitable
due to a lack of available financial resources at the local
level.
``SEC. 116. LIMITATIONS ON USES OF FUNDS.
``(a) Limitation.--Not more than 5 percent of the amount of
assistance provided to a State or Indian tribe that is the
original recipient of an allotment under subsection (a), (b),
or (c) of section 112 for a fiscal year may be used to pay
for administrative costs incurred by--
``(1) the original recipient; or
``(2) the entity carrying out the service-learning programs
supported with the assistance.
``(b) Rules on Use.--The Chief Executive Officer may by
rule prescribe the manner and extent to which--
``(1) such assistance may be used to cover administrative
costs; and
``(2) that portion of the assistance available to cover
administrative costs shall be distributed between--
``(A) the original recipient; and
``(B) the entity carrying out the service-learning programs
supported with the assistance.
``Subpart B--Community Corps Demonstration Program
``SEC. 118. DEMONSTRATION PROGRAM.
``(a) In General.--The Corporation, after consultation with
the Secretary of Education, shall establish and carry out a
Community Corps Demonstration Program.
``(b) Grant Program Authorized.--In carrying out the
program, the Corporation shall make grants on a competitive
basis to eligible entities, for planning, implementing,
operating, or expanding school-based service-learning
programs, operated in partnership with nonprofit
organizations or educational agencies, that--
``(1) require all students, as a condition of secondary
school graduation, to complete a substantial service
experience; and
``(2) provide high-quality opportunities to meet such
requirement through--
``(A) 1 or more mandatory service-learning courses in an
academic curriculum;
``(B) service-learning programs that--
``(i) require students to perform service after school, on
weekends, or during summer vacations; and
``(ii) utilize appropriately trained adults to identify
service opportunities for students within the community
involved, to disseminate information about such
opportunities, and to ensure that students have substantial
structured opportunities for reflection on their service
experiences;
``(C) service-learning programs that enroll students in
teams or corps after school, on weekends, or during summer
vacations; or
``(D) other types of service-learning programs approved by
the Corporation.
``(c) Applications.--To be eligible to receive a grant
under this section, an entity shall prepare, submit to the
Corporation, and obtain approval of, an application at such
time and in such manner as the Corporation may reasonably
require. Such application shall include a 5-year strategic
plan for developing high-quality opportunities of the type
specified in subsection (b).
``(d) Eligible Entity.--To be eligible to receive a grant
under this section, an entity shall be--
``(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.
``(e) Priorities.--In awarding grants under this section,
the Secretary shall give priority to applicants with programs
that--
``(1) meet unmet human, educational, environmental, or
public safety needs;
``(2) foster an ethic of civic responsibility, personal
character development, and leadership skills;
``(3) serve jurisdictions or portions of jurisdictions
having a high percentage of low-income families; or
``(4) meet such other criteria as the Corporation may by
regulation specify.
``(f) Report.--Not later than 2 years after the date of
enactment of the Call to Service Act, the Corporation shall
submit a report to Congress regarding the degree to which
programs carried out under this section have succeeded in
meeting the goals specified in paragraphs (1) and (2) of
subsection (e).
``(g) Funding.--From funds appropriated to carry out this
part for fiscal years 2003 through 2007, the Corporation
shall reserve not less than $12,000,000 for each fiscal year
to carry out this section.''.
SEC. 1202. HIGHER EDUCATION PROVISIONS.
Section 119 (42 U.S.C. 12561) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Federal, State, and Local Contributions.--
``(1) Federal share.--
``(A) In general.--The Federal share of the cost described
in subsection (b) may not exceed 50 percent.
``(B) Non-federal contribution.--In providing for the
remaining share of the cost, each recipient of a grant or
contract under this part--
``(i) shall provide for such share through a payment in
cash or in kind, fairly evaluated, including facilities,
equipment, or services; and
``(ii) may provide for such share through State sources or
local sources.
``(2) Waiver.--The Chief Executive Officer may waive the
requirements of paragraph (1) in whole or in part with
respect to any such program for any fiscal year if the
Corporation determines that such a waiver would be equitable
due to a lack of available financial resources at the local
level.''; and
(2) by striking subsections (e) through (g) and inserting
the following:
``(e) Federal Work-Study.--To be eligible for assistance
under this part, an institution of higher education shall
demonstrate that the institution meets the minimum
requirements under section 443(b)(2)(B) of the Higher
Education Act of 1965 (42 U.S.C. 2753(b)(2)(B)) relating to
the participation in community service activities of students
participating in work-study programs, or has received a
waiver of those requirements from the Secretary of Education.
``(f) Priority.--In making grants and entering into
contracts under subsection (b), the Corporation--
``(1) shall give priority to an applicant that submits an
application containing a proposal that--
``(A) demonstrates the commitment of the institution of
higher education involved, other than by demonstrating the
commitment of the students, to supporting the community
service projects carried out through the program;
``(B) specifies the manner in which the institution will
promote faculty, administration, and staff participation in
the community service projects;
``(C) specifies the manner in which the institution will
provide service to the community through organized programs,
including, where appropriate, clinical programs for students
in professional schools;
``(D) describes any partnership that will participate in
the community service projects, such as a partnership
comprised of--
``(i) the institution;
``(ii)(I) a community-based agency;
``(II) a local government agency; or
``(III) a nonprofit entity that serves or involves school-
age youth or older adults; and
``(iii) a student organization;
``(E) demonstrates community involvement in the development
of the proposal;
``(F) describes research designed to identify best
practices and other methods to improve service-learning;
``(G) specifies that the institution will use the
assistance made available through such a grant or contract to
strengthen the service infrastructure in institutions of
higher education; or
``(H) with respect to a project involving delivery of
services, specifies a project that involves leadership
development of school-age youth;
``(2) shall give priority to an institution or partnership
that can demonstrate a commitment to community service
through measures such as--
``(A) carrying out ongoing community service projects
involving students or facility;
``(B) exceeding the requirements of section 443(b)(2)(B) of
the Higher Education Act of 1965 (20 U.S.C. 2753(b)(2)(B))
relating to the percentage of certain work-study funds used
for community service; or
``(C) carrying out integrated service-learning programs or
training teachers and community leaders in service-learning;
and
``(3) shall, to the extent practicable, give special
consideration to applicants who are historically Black
colleges or universities, Hispanic-serving institutions, and
tribally controlled colleges or universities.
``(g) Definitions.--In this part:
``(1) Hispanic-serving institution.--The term `Hispanic-
serving institution' has the meaning given the term in
section 502(a) of the Higher Education Act of 1965 (20 U.S.C.
1101a(a)).
``(2) Historically black college or university.--The term
`historically Black college or university' means a part B
institution, as defined in section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061).
``(3) Student.--Notwithstanding section 101, the term
`student' means an individual who is enrolled in an
institution of higher education on a full- or part-time
basis.
[[Page S7987]]
``(4) Tribally controlled college or university.--The term
`tribally controlled college or university' has the meaning
given the term in section 2 of the Tribally Controlled
College or University Assistance Act of 1978 (25 U.S.C.
1801).''.
SEC. 1203. COMMUNITY-BASED PROGRAMS, TRAINING, AND OTHER
INITIATIVES.
Subtitle B of title I (42 U.S.C. 12521 et seq.) is amended
by adding at the end the following:
``PART III--COMMUNITY-BASED PROGRAMS, TRAINING, AND OTHER INITIATIVES
``SEC. 120. COMMUNITY-BASED PROGRAMS, TRAINING, AND OTHER
INITIATIVES.
``(a) In General.--From the funds appropriated to carry out
this part for a fiscal year, the Corporation may make grants
to, or enter into contracts or cooperative agreements with,
eligible entities.
``(b) Eligible Entities.--To be eligible to receive
assistance under this part, an entity shall be--
``(1) a public or private nonprofit organization, a State
educational agency, a State Commission, or an institution of
higher education; or
``(2) a consortium of entities described in paragraph (1).
``(c) Authorized Activities.--An entity that receives
assistance under this part may use the assistance to--
``(1) conduct community-based programs that provide for
meaningful human, educational, environmental, or public
safety service by school-age youth;
``(2) provide training or technical assistance to support
service-learning;
``(3) involve students in emergency preparedness and
homeland security activities;
``(4) promote the recognition of students who perform
outstanding community service and schools that have
implemented outstanding service-learning programs; and
``(5) carry out demonstration programs, research, and
evaluation related to service-learning.
``(d) Limitation on Federal Share of Community-Based
Activity Costs.--
``(1) Federal share.--
``(A) In general.--Except as provided in paragraph (3), the
Federal share of the cost of carrying out an activity for
which a grant is made, or a contract or cooperative agreement
is entered into, under this part may not exceed 50 percent of
the total cost of carrying out the program.
``(B) Non-federal contribution.--In providing for the
remaining share of the cost of carrying out such an activity,
each recipient of assistance under this part--
``(i) shall provide for such share through a payment in
cash or in kind, fairly evaluated, including facilities,
equipment, or services; and
``(ii) may provide for such share through State sources or
local sources.
``(2) Waiver.--The Chief Executive Officer may waive the
requirements of paragraph (1) in whole or in part with
respect to any such program for any fiscal year if the
Corporation determines that such a waiver would be equitable
due to a lack of available financial resources at the local
level.
``(3) Exemption.--The requirements of paragraph (1) shall
not apply to an entity that receives a grant or enters into a
contract or cooperative agreement to provide training or
technical assistance, promote recognition, or carry out
demonstration programs, research, or evaluation under this
part.''.
SEC. 1204. SERVICE-LEARNING CLEARINGHOUSE.
Subtitle B of title I (42 U.S.C. 12521 et seq.), as amended
by section 1203, is further amended by adding at the end the
following:
``PART IV--CLEARINGHOUSE
``SEC. 120A. SERVICE-LEARNING CLEARINGHOUSE.
``(a) In General.--The Corporation shall provide financial
assistance, from funds appropriated under section 501(a)(2)
to carry out subtitle H, to organizations described in
subsection (b) to establish a clearinghouse, which shall
carry out activities, either directly or by arrangement with
another such organization, with respect to information about
service-learning.
``(b) Public or Private Nonprofit Organizations.--Public or
private nonprofit organizations that have extensive
experience with service-learning, including use of adult
volunteers to foster service-learning, shall be eligible to
receive assistance under subsection (a).
``(c) Function of Clearinghouse.--An organization that
receives assistance under subsection (a) may--
``(1) assist entities carrying out State or local service-
learning programs with needs assessments and planning;
``(2) conduct research and evaluations concerning service-
learning;
``(3)(A) provide leadership development and training to
State and local service-learning program administrators,
supervisors, service sponsors, and participants; and
``(B) provide training to persons who can provide the
leadership development and training described in subparagraph
(A);
``(4) facilitate communication among entities carrying out
service-learning programs and participants in such programs;
``(5) provide information, curriculum materials, and
technical assistance relating to planning and operation of
service-learning programs, to States and local entities
eligible to receive financial assistance under this title;
``(6) provide information regarding methods to make
service-learning programs accessible to individuals with
disabilities;
``(7)(A) gather and disseminate information on successful
service-learning programs, components of such successful
programs, innovative youth skills curricula related to
service-learning, and service-learning projects; and
``(B) coordinate the activities of the clearinghouse
established in accordance with subsection (a) with
appropriate entities to avoid duplication of effort;
``(8) make recommendations to State and local entities on
quality controls to improve the quality of service-learning
programs;
``(9) assist organizations in recruiting, screening, and
placing service-learning coordinators; and
``(10) carry out such other activities as the Chief
Executive Officer determines to be appropriate.''.
Subtitle C--National Service Trust Program
SEC. 1301. PROHIBITION ON GRANTS TO FEDERAL AGENCIES; LIMITS
ON CORPORATION COSTS.
Section 121 (42 U.S.C. 12571) is amended--
(1) in subsection (b)--
(A) in the subsection heading, by inserting ``Restrictions
on'' before ``Agreements With Federal Agencies'';
(B) in paragraph (1)--
(i) in the first sentence, by striking ``by the agency.''
and inserting ``by the agency, including programs of the
Public Lands Corps and Urban Youth Corps as described in
section 122(a)(2).''; and
(ii) by striking the second sentence;
(C) by striking paragraph (2) and inserting the following:
``(2) Prohibition on grants.--The Corporation may not
provide a grant under this section to a Federal agency.'';
and
(D) in paragraph (3)--
(i) by striking ``receiving assistance under this
subsection'' and inserting ``operating a national service
program under such a contract or agreement''; and
(ii) by striking ``using such assistance'' and inserting
``under the contract or agreement'';
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ``assistance under subsections (a) and (b)''
and inserting ``assistance under subsection (a)''; and
(3) in subsection (d)--
(A) in paragraph (1), by striking ``or (b)''; and
(B) in paragraph (2)(A), by striking ``or (b)''.
SEC. 1302. E-CORPS AND TECHNICAL AMENDMENTS TO TYPES OF
PROGRAMS.
Section 122 (42 U.S.C. 12572) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``and each Federal agency receiving assistance under section
121(b)'';
(B) in paragraph (9), by striking ``between the ages of 16
and 24 years of age'' and inserting ``age 16 through 25'';
(C) by redesignating paragraph (15) as paragraph (19); and
(D) by inserting after paragraph (14) the following:
``(15) An E-Corps program that involves participants who
provide service in a community by developing and assisting in
carrying out technology programs.
``(16) A program that engages citizens in public safety,
public health, homeland security, and disaster relief and
preparedness activities.
``(17) A program (including an initiative or a partnership
program) that seeks to expand the number of young people with
mentors, either through provision of direct mentoring
services or through activities that build the capacity of
mentoring organizations to serve more young people.
``(18) A community service program that--
``(A) enables secondary school students to carry out
service activities in their communities during the summer or
throughout the year;
``(B) may be a residential program;
``(C) is administered by a political subdivision of a
State, a secondary school, an institution of higher
education, a community-based agency, or a faith-based
organization; and
``(D) is carried out in a low-income rural or urban
area.'';
(2) in subsection (c)(1)--
(A) in subparagraph (A)--
(i) by striking ``after reviewing the strategic plan
approved under section 192A(g)(1)'' and inserting ``after
reviewing the strategic plan approved under section
192A(g)(2)''; and
(ii) by striking ``subsection (b) or (d) of''; and
(B) in subparagraph (B), by striking ``section 129(a)(1)''
and inserting ``section 129(f)''; and
(3) by adding at the end the following:
``(d) High School Degree Required for Tutors.--The
Corporation shall require that recipients of assistance under
this subtitle or subtitle A of title I of the Domestic
Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.) to
operate tutoring programs involving elementary school or
secondary school students shall certify that each individual
serving in an approved national service position as a tutor
in such a program has obtained a high school diploma or its
recognized equivalent, or is enrolled in a program leading to
obtaining a high school diploma.
``(e) Literacy Programs.--
``(1) Programs.--Literacy programs that receive assistance
under this subtitle or subtitle A of title I of the Domestic
Volunteer
[[Page S7988]]
Service Act of 1973 shall be based on scientifically based
reading research and provide instruction based on the
essential components of reading instruction as defined in
section 1208 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6368).
``(2) Training required for reading tutors.--The
Corporation shall require that recipients of assistance under
this subtitle or subtitle A of title I of the Domestic
Volunteer Service Act of 1973 to operate tutoring in reading
programs shall provide training to participants serving in
approved national service positions as tutors in such
programs that incorporates the recommendations of the
National Reading Panel.
``(f) Citizenship Training.--The Corporation shall
establish requirements, after consultation with State
Commissions, for recipients of assistance under this subtitle
or subtitle A of title I of the Domestic Volunteer Service
Act of 1973 that--
``(1) relate to the promotion of citizenship and civic
engagement among individuals serving in approved national
service positions; and
``(2) are consistent with the principles on which
citizenship programs administered by the Immigration and
Naturalization Service are based.
``(g) Oath.--Any oath given under this subtitle shall be
consistent with the principles of the Federal oath of office
as provided in section 3331 of title 5, United States Code.
``(h) Consultation.--The Corporation shall consult with the
Secretary of Homeland Security to determine ways of promoting
homeland security, including providing disaster relief and
preparedness activities, and promoting public health and
public safety, through national service programs carried out
under this subtitle.''.
SEC. 1303. TYPES OF POSITIONS.
Section 123 (42 U.S.C. 12573) is amended--
(1) in paragraph (1), by striking ``subsection (a) or (b)
of section 121'' and inserting ``section 121(a)'';
(2) in paragraph (2)(A), by striking ``an institution of
higher education, or a Federal agency'' and inserting ``or an
institution of higher education''; and
(3) in paragraph (5), by inserting ``National'' before
``Civilian Community Corps''.
SEC. 1304. TRAINING AND TECHNICAL ASSISTANCE.
Section 125 (42 U.S.C. 12575) is amended by adding at the
end the following:
``(c) Underserved Areas and Populations.--In complying with
the requirements of this section, the Corporation shall
ensure that the training and technical assistance needs of
programs that focus on and provide service opportunities for
underserved rural and urban areas and populations are
addressed.''.
SEC. 1305. ASSISTANCE TO STATE COMMISSIONS; CHALLENGE GRANTS.
Section 126 (42 U.S.C. 12576) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``between $125,000 and
$750,000'' and inserting ``not less than $200,000 and not
more than $1,000,000''; and
(B) by striking paragraph (2) and inserting the following:
``(2) Matching requirement.--In making a grant to a State
under this subsection, the Corporation shall require the
State to provide matching funds in the following amounts:
``(A) First $100,000.--For the first $100,000 of the grant
amount provided by the Corporation, the State shall not be
required to provide matching funds.
``(B) Amounts greater than $100,000.--If the grant amount
provided by the Corporation is more than $100,000, for the
portion of the grant amount that is more than $100,000 and
not more than $200,000, the State shall provide $1 from non-
Federal sources for every $2 provided by the Corporation
through the grant.
``(C) Amounts greater than $200,000.--If the grant amount
provided by the Corporation is more than $200,000, for the
portion of the grant amount that is more than $200,000, the
State shall provide $1 from non-Federal sources for every $1
provided by the Corporation through the grant.
``(D) Waiver or alteration of requirements.--The
Corporation may waive or alter the matching fund requirements
described in subparagraphs (B) and (C) for a State if the
State is under serious budget constraints.''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``to national service
programs that receive assistance under section 121'' and
inserting ``to recipients of assistance for programs
supported under section 121 that expand service and
volunteering by increasing and strengthening the capacity of
community-based agencies (including increasing and
strengthening that capacity through the use of regional
organizations that facilitate the involvement of small
community groups) or by promoting high-quality teaching
programs serving low-income students''; and
(B) by striking paragraph (3) and inserting the following:
``(3) Amount of assistance.--
``(A) Matching funds.--For a challenge grant made under
this subsection, a recipient described in paragraph (1) shall
provide (in addition to any amounts required to be provided
by the recipient to satisfy other matching funds requirements
under this subtitle)--
``(i) for an initial 3-year grant period, not less than $1
in cash from private sources for every $1 of Federal funds
provided under the grant; and
``(ii) for a subsequent grant period, not less than $2 in
cash from private sources for every $1 of Federal funds
provided under the grant.
``(B) Application.--The Corporation may permit the use of
local or State funds as matching funds under subparagraph (A)
if the Corporation determines that such use would be
equitable due to a lack of available funds from private
sources at the local level.
``(C) Limit on amount.--The Corporation shall establish a
ceiling on the amount of assistance that may be provided to a
recipient for a challenge grant made under this
subsection.''.
SEC. 1306. ALLOCATION OF ASSISTANCE TO STATES AND OTHER
ELIGIBLE ENTITIES.
Section 129 (42 U.S.C. 12581) is amended to read as
follows:
``SEC. 129. PROVISION OF ASSISTANCE AND APPROVED NATIONAL
SERVICE POSITIONS.
``(a) AmeriCorps Positions.--The Corporation, after
consultation with members of the Committee on Appropriations
of the House of Representatives and the Committee on
Appropriations of the Senate shall increase, by 25,000 each
year, the number of approved national service positions, with
priority given to increasing the number of such positions for
individuals performing full-time national service. Of the
approved national service positions provided for a fiscal
year, not more than 30 percent may be positions for which the
participants are eligible to receive national service
educational awards and no other benefits for service in the
positions.
``(b) One Percent for Allotments for Certain Territories.--
``(1) In general.--Of the funds allocated by the
Corporation for provision of assistance under section 121(a)
for a fiscal year, the Corporation shall reserve 1 percent
for grants to the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands. The Corporation may make such a grant from an
allotment made under paragraph (2).
``(2) Allotments.--The Corporation shall allot to each
territory described in paragraph (1) for a fiscal year an
amount that bears the same ratio to 1 percent of the
allocated funds for that fiscal year as the population of the
territory bears to the total population of such territories.
``(c) Not Less Than One Percent for Competitive Grants for
Indian Tribes.--Of the funds allocated by the Corporation for
provision of assistance under section 121(a) for a fiscal
year, the Corporation shall reserve not less than 1 percent
for grants to Indian tribes, awarded by the Corporation on a
competitive basis in accordance with their respective needs.
``(d) Not Less Than 20 Percent for National Grants.--Of the
funds allocated by the Corporation for provision of
assistance under section 121(a) for a fiscal year, the
Corporation shall reserve not less than 20 percent for grants
to nonprofit organizations to operate a program in 2 or more
States.
``(e) Not More Than 33 Percent for State Competitive
Grants.--Of the funds allocated by the Corporation for
provision of assistance under section 121(a) for a fiscal
year, the Corporation shall reserve not more than 33 percent
for grants to States, awarded by the Corporation on a
competitive basis for innovative activities.
``(f) 45 Percent for Allotments for Certain States.--
``(1) Grants.--Using the funds allocated by the Corporation
for provision of assistance under section 121(a) for a fiscal
year, the Corporation shall make a grant, from an allotment
made under paragraph (2), to each of the several States, the
District of Columbia, and the Commonwealth of Puerto Rico.
``(2) Allotments.--The Corporation shall allot to each such
State for a fiscal year an amount that bears the same ratio
to 45 percent of the allocated funds for that fiscal year as
the population of the State bears to the total population of
the several States, the District of Columbia, and the
Commonwealth of Puerto Rico, subject to paragraph (3).
``(3) Minimum amount.--Notwithstanding paragraph (2), the
minimum grant made available to each eligible State under
paragraph (1) for each fiscal year shall be not less than
$500,000.
``(g) Adjustments.--
``(1) Reservation of funds.--Notwithstanding subsections
(e) and (f), the Corporation shall ensure that the
Corporation reserves an aggregate amount of funds for
allotments to States under subsection (f) for a fiscal year
that is not less than the total amount of funds provided to
all States described in subsection (f) for allotments under
this subtitle for fiscal year 2002.
``(2) Formula grants.--In order to meet the requirements of
paragraph (1) during a fiscal year for which the aggregate
amount of funds for allotments to States under subsection (f)
is less than the total amount of funds provided to all States
described in subsection (f) for allotments under this
subtitle for fiscal year 2002, the Corporation shall reduce
the amount available for State competitive grants under
subsection (e).
``(h) Effect of Failure To Apply.--If a State (including a
territory described in subsection (b)) fails to apply for, or
fails to give notice to the Corporation of its intent to
apply for an allotment under subsection (b) or (f), the
Corporation may use the amount that would have been allotted
under subsection (b) or (f) to the State to--
[[Page S7989]]
``(1) make grants (including providing approved national
service positions in connection with such grants) under
section 121 to other eligible entities that propose to carry
out national service programs in the State; and
``(2) make grants under section 121(a) from allotments made
in accordance with subsections (b) and (f)(2) to other States
with approved applications submitted under section 130.
``(i) Application Required.--The Corporation may provide
assistance and approved national service positions to a
recipient under section 121 only pursuant to an application
submitted by a State or other applicant under section 130.
``(j) Approval of Positions Subject to Available Funds.--
The Corporation may not approve positions as approved
national service positions under this subtitle for a fiscal
year in excess of the number of such positions for which the
Corporation has sufficient available funds in the National
Service Trust for that fiscal year, taking into consideration
funding needs for national service educational awards under
subtitle D based on completed service. If appropriations are
insufficient to provide the maximum allowable number of
national service educational awards under subtitle D for all
eligible participants, the Corporation is authorized to make
necessary and reasonable adjustments to program rules.
``(k) Sponsorship of Approved National Service Positions.--
``(1) Sponsorship authorized.--The Corporation may enter
into an agreement with a person or entity who offers to
sponsor national service positions and be responsible for
supplying the funds necessary to provide national service
educational awards for the positions. The distribution of
those approved national service positions shall be made
pursuant to the agreement, and the creation of those
positions shall not be taken into consideration in
determining the number of approved national service positions
to be available for distribution under section 121.
``(2) Deposit of contribution.--Funds provided pursuant to
an agreement under paragraph (1) shall be deposited in the
National Service Trust established in section 145 until such
time as the funds are needed.
``(l) Reservation of Funds for Special Assistance.--From
amounts appropriated for a fiscal year pursuant to section
501(a)(2) and subject to the limitations in such section, the
Corporation may reserve such amount as the Corporation
considers to be appropriate for the purpose of making
assistance available under sections 125 and 126.
``(m) Reservation of Funds To Increase the Participation of
Individuals With Disabilities.--From amounts appropriated for
a fiscal year pursuant to section 501(a)(2) and subject to
the limitations in section 501(a)(2)(B), the Corporation
shall reserve a portion that is not less than 1 percent of
such amounts (except that the portion reserved may not exceed
$10,000,000), for the purpose of making grants under section
121(a) to public or private nonprofit organizations to
increase the participation of individuals with disabilities
in national service and for demonstration activities in
furtherance of this purpose.''.
SEC. 1307. ADDITIONAL AUTHORITY.
Part II of subtitle C of title I (42 U.S.C. 12581 et seq.)
is amended by inserting after section 129 the following:
``SEC. 129A. EDUCATION AWARDS PROGRAM.
``(a) In General.--From amounts appropriated for a fiscal
year pursuant to section 501(a)(2) and consistent with the
restriction in subsection (b), the Corporation may provide
operational assistance to programs that receive approved
national service positions but do not otherwise receive funds
under section 121(a).
``(b) Limit on Corporation Grant Funds.--Operational
assistance provided under this section may not exceed $400
per individual enrolled in an approved national service
position.
``(c) Inapplicable Provisions.--The following provisions
shall not apply to programs that receive operational
assistance under this section:
``(1) The limitation on administrative costs under section
121(d).
``(2) The matching funds requirements under sections 121(e)
and 140.
``(3) The living allowance and other benefits under
sections 131(e) and section 140 (other than individualized
support services for disabled members under section
140(f)).''.
SEC. 1308. STATE SELECTION OF PROGRAMS.
Section 130 (42 U.S.C. 12582) is amended--
(1) in subsection (a), by striking ``the national service
programs to be carried out using the assistance'' and all
that follows through ``or Federal agency'' and inserting
``national service programs under this subtitle, an
applicant'';
(2) in subsection (b)(11), by striking ``receive'' and
inserting ``be eligible to receive'';
(3) in subsection (c)(1), by striking ``jobs or'';
(4) in subparagraphs (A) and (B) of subsection (d)(1), by
striking ``subsection (a) or (b) of section 121'' and
inserting ``section 121(a) (other than operational assistance
described in section 129A)'';
(5) in subsection (e)--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2);
(6) in subsection (f)--
(A) in paragraph (1), by striking ``a program applicant''
and inserting ``an applicant'';
(B) in paragraph (2)--
(i) in the paragraph heading, by striking ``Program
applicant'' and inserting ``Applicant''; and
(ii) in the matter preceding subparagraph (A), by striking
``program applicant'' and inserting ``applicant''; and
(C) by striking ``institution of higher education, or
Federal agency'' and inserting ``or institution of higher
education'' each place it appears; and
(7) in subsection (g), by striking the period and inserting
``or is already receiving financial assistance from the
Corporation.''.
SEC. 1309. CONSIDERATION OF APPLICATIONS.
Section 133 (42 U.S.C. 12585) is amended--
(1) in subsection (b)(2)(B), by striking ``jobs or'';
(2) in subsection (c)--
(A) by redesignating paragraph (8) as paragraph (9); and
(B) by inserting after paragraph (7) the following:
``(8) If applicable, as determined by the Corporation, the
extent to which the program generates the involvement of
volunteers.'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``to be conducted in
those urban and rural areas in a State with the highest rates
of poverty'' and inserting ``in urban and rural areas with
the highest rates of poverty'';
(B) in paragraph (2)--
(i) in the first sentence, by striking ``section
129(d)(2)'' and inserting ``section 129(d)'';
(ii) by striking subparagraphs (A) and (G);
(iii) by redesignating subparagraphs (B) through (F) as
subparagraphs (A) through (E), respectively;
(iv) in subparagraph (D) (as redesignated by clause (iii)),
by adding ``and'' at the end; and
(v) in subparagraph (E) (as redesignated by clause (iii)),
by striking ``; and'' and inserting a period; and
(C) in paragraph (3), by striking ``section 129(d)(2)'' and
inserting ``section 129(d)'';
(D) by striking paragraph (4);
(4) in subsection (e), in the matter preceding paragraph
(1), by striking ``subsections (a) and (d)(1) of section
129'' and inserting ``subsections (b), (c), (e), and (f) of
section 129''; and
(5) in subsection (f)--
(A) in paragraph (1), by striking ``section 129(a)(1)'' and
inserting ``section 129(f)''; and
(B) in paragraph (3), by striking ``section 129(a)'' and
inserting ``section 129(f)''.
SEC. 1310. DESCRIPTION OF PARTICIPANTS.
Section 137 (42 U.S.C. 12591) is amended--
(1) in subsection (a)--
(A) by striking paragraph (3);
(B) in paragraph (4), by inserting ``or will serve in an
approved national service position with a program described
in section 122(a)(18)'' before the semicolon; and
(C) by redesignating paragraphs (4), (5), and (6) as
paragraphs (3), (4), and (5), respectively;
(2) in subsection (b)--
(A) in paragraph (1), by striking ``paragraph (4)'' and
inserting ``paragraph (3)''; and
(B) in paragraph (2), by striking ``between the ages of 16
and 25'' and inserting ``a 16-year-old out-of-school youth or
an individual between the ages of 17 and 25''; and
(3) by striking subsection (c) and inserting the following:
``(c) Self-Certification and Waiver.--The Corporation may--
``(1) consider an individual to have satisfied the
requirement of subsection (a)(4) if the individual informs
the Corporation that such requirement has been satisfied; or
``(2) waive the requirement of subsection (a)(4) with
respect to an individual if the program in which the
individual seeks to become a participant conducts an
independent evaluation demonstrating that the individual is
incapable of obtaining a high school diploma or its
recognized equivalent.''.
SEC. 1311. REFERENCE TO FEDERAL AGENCY.
Section 138(a) (42 U.S.C. 12592(a)) is amended by striking
``Federal agency,''.
SEC. 1312. TERMS OF SERVICE.
Section 139 (42 U.S.C. 12593) is amended--
(1) in subsection (a), by striking ``full- or part-time'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``not less than 9 months
and'';
(B) in paragraph (2), by striking ``during a period of--''
and all that follows and inserting ``during a period of not
more than 2 years.''; and
(C) by adding at the end the following:
``(4) Secondary school community service.--Notwithstanding
paragraphs (1) through (3), an individual performing service
in an approved national service position in a program
described in section 122(a)(18) shall agree to participate in
the program for not less than 300 hours during a period of
not more than 1 year.'';
(3) in subsection (c)--
(A) in paragraph (1)(A), by striking ``as demonstrated by
the participant'' and inserting ``as determined by the
recipient or program, if the participant has otherwise
performed satisfactorily and has completed at least 15
percent of the original term of service'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``provide to the
participant that portion of the national service educational
award'' and inserting ``certify the participant's eligibility
for that portion of the national service educational award'';
and
[[Page S7990]]
(ii) in subparagraph (B)--
(I) by striking ``to allow return to the program with which
the individual was serving in order to''; and
(II) by striking ``obtain'' and inserting ``become eligible
for''; and
(C) in paragraph (3), by striking ``not receive'' and
inserting ``not be eligible to receive''.
SEC. 1313. ADJUSTMENTS TO LIVING ALLOWANCE.
Section 140 (42 U.S.C. 12594) is amended--
(1) in subsection (a), by adding at the end the following:
``(7) Other federal funds.--
``(A) Recipient report.--A recipient of assistance under
section 121 that is subject to the limitation on the Federal
share of the annual living allowance in paragraph (2) shall
report to the Corporation the amount and source of any
Federal funds other than those provided by the Corporation
used to pay the annual living allowance under paragraph (1).
``(B) Corporation report.--The Corporation shall report to
Congress on an annual basis information regarding each
recipient that uses Federal funds other than those provided
by the Corporation to pay the annual living allowance under
paragraph (1), including the amounts and sources of the other
Federal funds.''; and
(2) by striking subsection (h) and inserting the following:
``(h) Stipends for Secondary School Community Service
Program.--A recipient of assistance under section 121 to
carry out a program described in section 122(a)(18) may
provide a stipend, transportation services, and educational
support services to each participant in the program, in lieu
of benefits described in subsections (a), (d), and (e).''.
Subtitle D--National Service Trust and Provision of National Service
Educational Awards
SEC. 1401. AVAILABILITY OF FUNDS IN THE NATIONAL SERVICE
TRUST.
Section 145 (42 U.S.C. 12601) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``and'';
(ii) in subparagraph (B), by adding ``and'' at the end; and
(iii) by adding at the end the following:
``(C) service-based scholarships for secondary school
students, as described in section 149A;''; and
(B) in paragraph (2), by striking ``pursuant to section
196(a)(2)'' and inserting ``pursuant to section 196(a)(2), if
the terms of such donations direct that the amounts be
deposited in the National Service Trust'';
(2) in subsection (c), by striking ``for payments of
national service educational awards in accordance with
section 148.'' and inserting ``to pay for--
``(1) national service educational awards in accordance
with section 148;
``(2) interest in accordance with section 148(e); and
``(3) the Federal share of service-based scholarships to
secondary school students in accordance with section 149A.'';
and
(3) in subsection (d)--
(A) in paragraph (3)(B), by striking ``and'';
(B) in paragraph (4)--
(i) by striking ``awards to'' and inserting ``awards for'';
and
(ii) by striking the period and inserting ``; and''; and
(C) by adding at the end the following:
``(5) identify the number of students who have received
service-based scholarships to secondary school students in
accordance with section 149A, and specify the amount of
Federal and matching funds expended on an annual basis on the
service-based scholarships.''.
SEC. 1402. INDIVIDUALS ELIGIBLE TO RECEIVE A NATIONAL SERVICE
EDUCATIONAL AWARD FROM THE TRUST.
Section 146 (42 U.S.C. 12602) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``receive'' and inserting ``be eligible to
receive''; and
(ii) by striking ``if the individual'' and inserting ``if
the organization responsible for the individual's supervision
for a national service program certifies that the
individual'';
(B) by striking paragraphs (1), (2), and (3) and inserting
the following:
``(1) met the applicable eligibility requirements for the
approved national service position in which the individual
served;
``(2)(A) successfully completed the required term of
service described in subsection (b) in the approved national
service position; or
``(B)(i) satisfactorily performed prior to being granted a
release for compelling personal circumstances under section
139(c); and
``(ii) completed at least 15 percent of the original
required term of service described in subsection (b); and'';
and
(C) by redesignating paragraph (4) as paragraph (3);
(2) in subsection (b), by striking ``full- or part-time'';
(3) by striking subsection (c) and inserting the following:
``(c) Limitation on Receipt of Educational Awards.--An
individual may be eligible to receive, through national
service educational awards made under this subtitle, a total
amount that is not more than the aggregate value of 2
national service educational awards made for full-time
service.'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) by inserting ``(or a family member of the individual
designated in accordance with subsection (g))'' after ``under
this section''; and
(ii) by striking the period and inserting ``(or, in the
case of an individual who served in a program described in
section 122(a)(18), the end of the 5-year period beginning on
that date).''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A)--
(I) by inserting ``(or a family member of the individual
designated in accordance with subsection (g))'' after ``an
individual''; or
(II) by striking ``that the individual--'' and inserting
``that--'';
(ii) in subparagraph (A)--
(I) by inserting ``the individual (or family member)''
after ``(A)''; and
(II) by inserting ``(or 5-year period)'' before the
semicolon; and
(iii) in subparagraph (C), by inserting ``the individual''
after ``(B)''; and
(5) by adding at the end the following:
``(g) Transfers.--
``(1) Definition.--In this subsection, the term `family
member', used with respect to an individual, means a spouse,
son, daughter, or grandchild of the individual.
``(2) Ability to transfer.--An individual who is eligible
to receive a national service educational award in accordance
with this section may designate a family member of the
individual to use the award in accordance with section 148.
The designated person may submit an application under section
148 for disbursement of the award. On verifying the
eligibility of the individual under this section, and
determining that the designated person is a family member of
the individual and is otherwise eligible to receive the award
under this section, the Corporation shall disburse the award
on behalf of the designated person in accordance with section
148.''.
SEC. 1403. DETERMINATION OF THE AMOUNT OF NATIONAL SERVICE
EDUCATIONAL AWARDS.
Section 147(a) is amended--
(1) in subsections (a) and (b), by striking ``shall
receive'' and inserting ``shall be eligible to receive'';
(2) in subsection (a), by striking ``, for each of not more
than 2 of such terms of service'' and all that follows and
inserting ``of $5,250.'';
(3) in subsection (c)--
(A) by striking ``full-time or part-time''; and
(B) by striking ``provide the individual with'' and
inserting ``provide for the individual''; and
(4) by adding at the end the following:
``(d) Amount for Secondary School Community Service.--
Notwithstanding subsections (a), (b), and (c), an individual
described in section 146(a) who successfully completes a
required term of service described in section 139(b)(4) in an
approved national service position in a program described in
section 122(a)(18) shall receive a national service
educational award having a value, for each of not more than 4
of such terms of service, equal to $1000.''.
SEC. 1404. DISBURSEMENT OF NATIONAL SERVICE EDUCATIONAL
AWARDS.
Section 148 (42 U.S.C. 12604) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``and'';
(B) by redesignating paragraph (4) as paragraph (5); and
(C) by inserting after paragraph (3) the following:
``(4) to pay expenses incurred in enrolling in an
educational institution or training establishment that meets
the requirements of chapter 36 of title 38, United States
Code; and'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``has earned'' and
inserting ``is eligible to receive''; and
(B) in paragraph (7)--
(i) in subparagraph (A), by striking ``, other than a loan
to a parent of a student pursuant to section 428B of such Act
(20 U.S.C. 1078-2); and'' and inserting a semicolon;
(ii) in subparagraph (B), by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(C) any loan (other than a loan described in subparagraph
(A) or (B)) determined by an institution of higher education
to be necessary to cover a student's educational expenses and
made, insured, or guaranteed--
``(i) by an eligible lender, as defined in section 435 of
the Higher Education Act of 1965 (20 U.S.C. 1085);
``(ii) under the direct student loan program under part D
of title IV of such Act (20 U.S.C. 1087a et seq.); or
``(iii) by a State agency.'';
(3) in subsection (e), by striking ``subsection (b)(6)''
and inserting ``subsection (b)(7)'';
(4) in subsection (f), by striking ``Director'' and
inserting ``Chief Executive Officer''; and
(5) by adding at the end the following:
``(h) Rule.--References in this section to an individual
(other than the third and fourth such references in
subsection (e)) shall be considered to include references to
a family member of the individual designated under section
146(g).''.
SEC. 1405. ADDITIONAL USES OF NATIONAL SERVICE TRUST AMOUNTS.
Subtitle D of title I (42 U.S.C. 12601 et seq.) is amended
by adding at the end the following:
``SEC. 149. USE BY PARTICIPANTS WITH DISABILITIES.
``Notwithstanding any other provision of this subtitle, the
Corporation may disburse
[[Page S7991]]
from the National Service Trust some or all of a national
service educational award directly to an individual (or a
family member of the individual designated in accordance with
section 146(g)) who provides a certification that--
``(1) the individual (or family member) is--
``(A) entitled to disability insurance benefits under
section 223 of the Social Security Act (42 U.S.C. 423);
``(B) entitled to monthly insurance benefits under section
202 of the Social Security Act (42 U.S.C. 402) based on such
individual's (or family member's) disability (as defined in
section 223(d) of such Act (42 U.S.C. 423(d)); or
``(C) eligible for supplemental security income benefits
under title XVI of the Social Security Act (42 U.S.C. 1381 et
seq.) on the basis of blindness (as described in section
1614(a)(2) of such Act (42 U.S.C. 1382c(a)(2)) or disability
(as described in section 1614(a)(3) of such Act (42 U.S.C.
1382c(a)(3)); and
``(2) the individual (or family member) will use the
disbursed funds to pay for education, training, or work-
related activities designed to make the individual (or family
member) self-supporting.
``SEC. 149A. SERVICE-BASED SCHOLARSHIPS TO SECONDARY SCHOOL
STUDENTS.
``(a) Program Authorized.--The Corporation may use amounts
in the National Service Trust to support a service-based
scholarship program to recognize secondary school juniors and
seniors who are engaged in outstanding community service and
scholarship.
``(b) Approved Use of Scholarships.--In supporting the
program, the Corporation may use the amounts to pay for not
more than 50 percent of the costs of a scholarship that also
receives local funding, to help cover an individual's
postsecondary education or job training costs.
``(c) Corporation Share.--The Corporation's share of an
individual's scholarship under the program may not exceed
$500.
Subtitle E--National Civilian Community Corps
SEC. 1501. PURPOSE.
Section 151 (42 U.S.C. 12611) is amended to read as
follows:
``SEC. 151. PURPOSE.
``It is the purpose of this subtitle to authorize the
operation of, and support for, residential service programs
that combine the best practices of civilian service with the
best aspects of military service, including leadership and
team building, to meet national and community needs,
particularly concerns related to national security. The needs
to be met under such programs include needs related to
natural and other disasters, which shall be addressed through
activities coordinated with the Federal Emergency Management
Agency and other public and private organizations.''.
SEC. 1502. NATIONAL CIVILIAN COMMUNITY CORPS.
Subtitle E of title I (42 U.S.C. 12611 et seq.) is
amended--
(1) by striking the subtitle heading and inserting the
following:
``Subtitle E--National Civilian Community Corps'';
(2) by striking ``Civilian Community Corps'' each place it
appears and inserting ``National Civilian Community Corps'';
(3) by striking ``CIVILIAN COMMUNITY CORPS'' each place it
appears and inserting ``NATIONAL CIVILIAN COMMUNITY CORPS'';
and
(4) in section 155(b) (42 U.S.C. 12615(b)), by striking
``Civilian Community Corps'' and inserting ``National
Civilian Community Corps''.
SEC. 1503. PROGRAM COMPONENTS.
Section 152 (42 U.S.C. 12612) is amended--
(1) in the section heading, by striking ``DEMONSTRATION'';
(2) in subsections (a) and (b), by striking
``Demonstration''; and
(3) in subsection (c), in the subsection heading, by
striking ``Programs'' and inserting ``Components''.
SEC. 1504. ELIGIBLE PARTICIPANTS.
Section 153 (42 U.S.C. 12613) is amended--
(1) in subsection (a), by striking ``Demonstration'';
(2) in subsection (b), by striking ``if the person'' and
all that follows and inserting ``if the person will be at
least age 18 by December 31 of the calendar year in which the
individual enrolls in the program.'';
(3) in subsection (c), in the subsection heading, by
striking ``Backrounds'' and inserting ``Backgrounds''; and
(4) by striking subsection (e).
SEC. 1505. SUMMER NATIONAL SERVICE PROGRAM.
Section 154(a) (42 U.S.C. 12614(a)) is amended by striking
``Demonstration''.
SEC. 1506. TEAM LEADERS.
Section 155 (42 U.S.C. 12615) is amended--
(1) in subsection (a), by striking ``Demonstration''; and
(2) in subsection (b), by adding at the end the following:
``(4) Team leaders.--The Director may select from Corps
members individuals with prior supervisory or service
experience, to be team leaders within units in the National
Civilian Community Corps and to perform service that includes
leading and supervising teams of Corps members. Team leaders
shall--
``(A) be members of the National Civilian Community Corps;
and
``(B) be provided the rights and benefits applicable to
Corps members, except that the amount of the living allowance
provided to a team leader under section 158(b) shall be not
more than 10 percent greater than the amount established
under section 158(b).''.
SEC. 1507. CONSULTATION WITH STATE COMMISSIONS.
Section 157 (42 U.S.C. 12617) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(B), by inserting ``community-based
agencies and'' before ``representatives of local
communities''; and
(B) in paragraph (2), by inserting ``State commissions,''
before ``and persons involved in other youth service
programs.''; and
(2) in subsection (c), by adding at the end the following:
``(3) Disaster assistance.--In selecting the projects, the
Director shall place appropriate emphasis on projects in
support of disaster relief efforts.''.
SEC. 1508. PERMANENT CADRE.
Section 159(a) (42 U.S.C. 12619(a)) is amended by striking
``Demonstration''.
SEC. 1509. CONTRACT AND GRANT AUTHORITY.
Section 161(a) (42 U.S.C. 12621(a)) is amended by striking
``perform any program function under this subtitle'' and
inserting ``carry out the National Civilian Community Corps
program''.
SEC. 1510. OTHER DEPARTMENTS.
Section 162(a)(2)(A) (42 U.S.C. 12622(a)(2)(A)) is
amended--
(1) by striking ``to be recommended for appointment'' and
inserting ``from which individuals may be selected for
appointment by the Director''; and
(2) by striking ``members and former members of the Armed
Forces referred to in section 151(3) who are commissioned
officers, noncommissioned officers, former commissioned
officers, or former noncommissioned officers.'' and inserting
``individuals who are--
``(i)(I) members and former members of the Armed Forces who
are entitled or, except for not having attained the minimum
age required under section 12731(a) of title 10, United
States Code, would be entitled to retired or retainer pay
payable out of the Department of Defense Military Retirement
Fund under section 1463 of such title or to retired pay
referred to in subsection (a)(2) of such section 1463 that is
payable by the Secretary of Homeland Security;
``(II) former members of the Armed Forces who were
discharged from the Armed Forces or released from active duty
during a period of a reduction in size of the Armed Forces;
``(III) former members of the Armed Forces who were
discharged, and members of the Armed Forces who have been
transferred, from the Selected Reserve of the Ready Reserve
during a period of a reduction in size of the Armed Forces;
or
``(IV) other members of the Armed Forces not on active duty
and not actively participating in a reserve component of the
Armed Forces; and
``(ii) commissioned officers, noncommissioned officers,
former commissioned officers, or former noncommissioned
officers of the Armed Forces.''.
SEC. 1511. REPEAL OF AUTHORITY FOR ADVISORY BOARD AND FUNDING
LIMITATION.
Sections 163 and 165 (42 U.S.C. 12623 and 12625) are
repealed.
SEC. 1512. DEFINITIONS.
Section 166 (42 U.S.C. 12626) is amended--
(1) by striking paragraphs (3) and (9);
(2) by redesignating paragraphs (2), and (4) through (8),
as paragraphs (4) through (9) respectively;
(3) by inserting after paragraph (1) the following:
``(2) Campus.--The term `campus' means the facility or
central location established as the operational headquarters
and boarding place for particular Corps units.
``(3) Campus director.--The term `campus director', with
respect to a campus, means the head of the campus under
section 155(d).''; and
(4) in paragraphs (4), (5), and (8) (as redesignated by
paragraph (2)), by striking ``Demonstration'' each place it
appears.
SEC. 1513. TERMINOLOGY.
Subtitle E of title I (42 U.S.C. 12611 et seq.) is
amended--
(1)(A) in section 155 (42 U.S.C. 12615)--
(i) in subsection (d)(2), in the paragraph heading, by
striking ``Camp superintendent'' and inserting ``Campus
director''; and
(ii) in subsection (f)--
(I) in paragraph (2)(A), by striking ``superintendent's''
and inserting ``director's''; and
(II) in paragraph (3), by striking ``camp superintendent''
and inserting ``campus director'';
(B) in section 157(c)(2) (42 U.S.C. 12617(c)(2)), by
striking ``camp superintendents'' and inserting ``campus
directors''; and
(C) except as provided in subparagraphs (A) and (B), by
striking ``superintendent'' each place it appears and
inserting ``campus director''; and
(2)(A) by striking ``Corps camp'' each place it appears and
inserting ``campus'';
(B) by striking ``camp'' each place it appears and
inserting ``campus'';
(C) by striking ``camps'' each place it appears and
inserting ``campuses''; and
(D) in section 155 (42 U.S.C. 12615)--
(i) in subsections (d) and (e), in the subsection headings,
by striking ``Camps'' and inserting ``Campuses''; and
(ii) in subsection (d)--
(I) in paragraph (1), in the paragraph heading, by striking
``camps'' and inserting ``campuses''; and
[[Page S7992]]
(II) in paragraph (3), in the paragraph heading, by
striking ``camp'' and inserting ``campus''.
Subtitle F--Administrative Provisions
SEC. 1601. FAMILY AND MEDICAL LEAVE.
Section 171 (42 U.S.C. 12631) is amended--
(1) in subsection (a)(1), by striking ``with respect to a
project'' and inserting ``with respect to a project
authorized under subtitle C, or part A of title I of the
Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et
seq.)'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d); and
(3) by inserting after subsection (a) the following:
``(b) Service Sponsors.--Participants or volunteers in a
project authorized under subtitle C, or title II of the
Domestic Volunteer Service Act of 1973 (42 U.S.C. 5000 et
seq.), shall not be considered to be employees for purposes
of determining whether a service sponsor is an employer under
subsection (a)(2).''.
SEC. 1602. ADDITIONAL PROHIBITIONS ON USE OF FUNDS.
Section 174 (42 U.S.C. 12634) is amended by adding at the
end the following:
``(d) Sex Education Programs.--No assistance made available
under the national service laws shall be used--
``(1) to develop or distribute materials or operate
programs or courses of instruction, directed at youth, that
are designed to promote or encourage sexual activity;
``(2) to distribute or aid in the distribution by any
organization of obscene materials to minors on school
grounds;
``(3) to provide in schools--
``(A) sex education, unless such education is age
appropriate and includes discussion of the health benefits of
abstinence; and
``(B) HIV-prevention instruction, unless such instruction
is age appropriate, includes discussion of the health
benefits of abstinence, and includes discussion of the health
risks of the human papillomavirus, consistent with the
provisions of section 317P(c) of the Public Health Service
Act (42 U.S.C. 247b-17(c)); or
``(4) to operate a program of contraceptive distribution in
schools.''.
SEC. 1603. NOTICE, HEARING, AND GRIEVANCE PROCEDURES.
Section 176 (42 U.S.C. 12636) is amended--
(1) by striking ``this title'' each place it appears and
inserting ``the national service laws'';
(2) in subsection (a)(2)(A), by striking ``30 days'' and
inserting ``1 or more periods of 30 days, but not more than a
total of 90 days''; and
(3) in subsection (f)--
(A) in paragraph (1), by striking ``A State or local
applicant'' and inserting ``An entity''; and
(B) in paragraph (6)--
(i) in subparagraph (C), by striking ``and'';
(ii) by redesignating subparagraph (D) as subparagraph (E);
and
(iii) by inserting after subparagraph (C) the following:
``(D) for a grievance filed by an individual applicant or
participant--
``(i) the applicant's selection or the participant's
reinstatement, as the case may be; and
``(ii) other changes in the terms and conditions of the
service involved; and''.
SEC. 1604. RESOLUTION OF DISPLACEMENT COMPLAINTS.
Section 177 (42 U.S.C. 12637) is amended--
(1) in subsections (a) and (b), by striking ``under this
title'' each place it appears and inserting ``under the
national service laws''; and
(2) by striking subsection (e) and inserting the following:
``(e) Standards of Conduct.--
``(1) In general.--Programs that receive assistance under
the national service laws shall establish and stringently
enforce standards of conduct at the program sites to promote
proper moral and disciplinary conditions, and shall consult
with the parents or legal guardians of children in developing
and operating programs that include children as participants
and serve children.
``(2) Parental permission.--A program that receives
assistance under the national service laws shall, consistent
with State law, before transporting a minor child, provide
the reason for the transportation to, and obtain written
permission from, the child's parents.''.
SEC. 1605. STATE COMMISSIONS ON NATIONAL AND COMMUNITY
SERVICE.
Section 178 (42 U.S.C. 12638) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by adding at the end the following:
``(J) A representative of the volunteer sector.''; and
(B) in paragraph (3), by striking ``, unless the State
permits the representative to serve as a voting member of the
State Commission or alternative administrative entity'';
(2) in subsection (d)(6)(B), by striking ``section
193A(b)(11)'' and inserting ``section 193A(b)(10)'';
(3) by striking subsection (e)(1) and inserting the
following:
``(1) Preparation of a national service plan that--
``(A)(i) is developed through an open and public process
(such as through regional forums, hearings, and other means)
that provides for maximum participation and input from
nonprofit organizations and public agencies; and
``(ii) uses service and volunteerism as strategies to meet
critical community needs, including service through programs
funded under the national service laws;
``(B) covers a 3-year period, the beginning of which may be
set by the State;
``(C) is subject to approval by the Chief Executive
Officer;
``(D) includes measurable goals and outcomes, including
performance measures established under section 186;
``(E) ensures outreach to community and religious
organizations, including such organizations that serve
underrepresented populations;
``(F) provides for the effective coordination of funding
applications submitted by the State, and others within the
State, under the national service laws; and
``(G) identifies potential changes in practices and
policies that would improve the coordination and
effectiveness of Federal, State, and local resources for
service and volunteerism within the State.'';
(4) by redesignating subsections (f) through (j) as
subsections (g) through (k), respectively; and
(5) by inserting after subsection (e) the following:
``(f) Relief From Administrative Requirements.--Upon
approval of a State national service plan prepared under
subsection (e)(1), the Chief Executive Officer may waive, or
specify alternatives to, administrative requirements (other
than requirements of statutory provisions) otherwise
applicable to grants made to States under the national
service laws, including those requirements identified by a
State as impeding the coordination and effectiveness of
Federal, State, and local resources for service and
volunteerism within the State.''.
SEC. 1606. EVALUATION AND ACCOUNTABILITY.
Section 179 (42 U.S.C. 12639) is amended--
(1) in subsection (a), by striking ``to determine--'' and
all that follows and inserting ``to determine the
effectiveness of programs that received assistance under the
national service laws in achieving stated goals and the costs
associated with each of the programs, and for research and
evaluation regarding the role of service and civic engagement
as a means of fostering healthy civic organizations.'';
(2) in subsection (g)--
(A) in paragraph (3), by striking ``National Senior
Volunteer Corps'' and inserting ``National Senior Service
Corps''; and
(B) in paragraph (9), by striking ``to public service'' and
all that follows and inserting ``to engage in service that
benefits the community.''; and
(3) by adding at the end the following:
``(j) Reserved Program Funds for Accountability.--In
addition to amounts appropriated under section 501 and made
available to carry out this section, the Corporation may
reserve up to 1 percent of total program funds appropriated
for a fiscal year under the national service laws to support
program accountability activities.''.
SEC. 1607. TECHNICAL AMENDMENT.
Section 181 (42 U.S.C. 12641) is amended by striking
``Section 414'' and inserting ``Section 422''.
SEC. 1608. ADDITIONAL ADMINISTRATIVE PROVISIONS.
Subtitle F of title I (42 U.S.C. 12631 et seq.) is amended
by adding at the end the following:
``SEC. 185. CONSOLIDATED APPLICATION AND REPORTING
REQUIREMENTS.
``To promote efficiency and eliminate duplicative
requirements, the Corporation, after consultation with State
Commissions and the Director of the National Senior Service
Corps may consolidate or modify application procedures and
reporting requirements for programs and activities funded
under the national service laws.
``SEC. 186. ACCOUNTABILITY FOR RESULTS.
``(a) Measures.--
``(1) Establishment of measures.--The Corporation shall
establish, after consultation with recipients of assistance
under the national service laws, performance measures for
each recipient (or subrecipient).
``(2) Content.--The performance measures described in
paragraph (1)--
``(A) shall include, for each program carried out with such
assistance--
``(i) the number of participants enrolled and completing
terms of service;
``(ii) specific performance indicators showing the outcome
of the service activity, such as--
``(I) the number of children tutored;
``(II) an indicator of academic gains, related to the
degree of beneficiary participation in services provided
through the service activity;
``(III) the number of housing units renovated;
``(IV) the number of vaccines administered;
``(V) the number of individuals assisted through disaster
preparedness or response activities; or
``(VI) other quantitative and qualitative measures as
determined to be appropriate by the recipient or
subrecipient, as appropriate, for the program; and
``(iii) a measure of community support;
``(B) may include, for each program--
``(i) an indicator of change in attitude by beneficiaries
of the program;
``(ii) the number of volunteers recruited; and
``(iii) the numbers of participants who failed to complete
their terms of service; and
``(C) shall include an established level of performance for
each measure described in subparagraph (A) or (B).
``(3) Source.--The Corporation may determine whether a
recipient (or subrecipient)
[[Page S7993]]
has achieved the performance measures described in paragraph
(1) on the basis of self-reported data from the recipient (or
subrecipient) and independent data collected by the
Corporation.
``(b) Plan for Failure To Achieve Performance Measures.--
``(1) Programs in existence for 3 years or longer.--A
recipient (or subrecipient) of assistance described in
subsection (a)(1), for a program carried out under subtitle C
that--
``(A) has been in existence for not less than 3 years; and
``(B) fails to achieve the performance measures described
in subsection (a) during fiscal year 2004 or a subsequent
fiscal year,
shall submit a corrective plan to the Corporation that
addresses the performance measures that the program failed to
achieve, with detailed information on how the recipient (or
subrecipient) will ensure that the program will achieve the
measures.
``(2) Programs in existence for less than 3 years.--A
recipient (or subrecipient) of assistance described in
subsection (a)(1), for a program carried out under subtitle C
that--
``(A) has been in existence for less than 3 years; and
``(B) fails to achieve the performance measures described
in subsection (a) during--
``(i) the later of fiscal year 2004 or the first fiscal
year in which the program is in existence; or
``(ii) a subsequent fiscal year,
shall receive technical assistance from the Corporation to
address targeted performance problems relating to the
performance measures that the program failed to achieve, and
shall provide quarterly reports on the program's progress in
achieving the performance measures described in subsection
(a) to the appropriate State and the Corporation.
``(c) Measures for Failure To Achieve Performance
Measures.--
``(1) Programs in existence for 3 years or longer.--If,
after a period for correction approved by the Corporation, a
recipient (or subrecipient) described in subsection (b)(1) of
assistance described in subsection (a)(1) fails to achieve
the performance measures for a program, the Corporation
shall--
``(A) reduce the annual amount of the assistance for the
program to the underperforming recipient (or subrecipient) by
not less than 25 percent; or
``(B) terminate assistance for the program to the
underperforming recipient (or subrecipient), consistent with
subsections (a), (b), (c), and (f) of section 176.
``(2) Programs in existence for less than 3 years.--If,
after 2 years, a recipient (or subrecipient) described in
subsection (b)(2) fails to show progress in achieving the
performance measures described in subsection (a) for a
program, the Corporation shall make the reduction described
in subparagraph (A), or the termination described in
subparagraph (B), of paragraph (1).
``(d) Reports to Congress.--The Corporation shall submit a
report to Congress not later than 2 years after the date of
enactment of this section, and annually thereafter,
containing information, for the year covered by the report,
on the number of--
``(1) recipients and subrecipients implementing corrective
plans under this section;
``(2) recipients and subrecipients for which the
Corporation terminates assistance for a program under this
section; and
``(3) recipients and subrecipients achieving (including
exceeding) performance measures under this section.
``SEC. 187. SUSTAINABILITY.
``(a) Goals.--To ensure that recipients of assistance under
the national service laws are carrying out sustainable
projects, the Corporation, the Corporation, after
collaboration with State Commissions and the Director of the
National Senior Service Corps and after consultation with
recipients of assistance under the national service laws, may
set sustainability goals by establishing policies and
procedures to--
``(1) build the capacity of the projects receiving the
assistance to meet community needs;
``(2) provide technical assistance to assist the recipients
in acquiring non-Federal funds for the projects; and
``(3) implement measures to ascertain whether the projects
are generating sufficient community support.
``(b) Enforcement.--If a recipient described in subsection
(a) does not meet the sustainability goals for a project, the
Corporation may suspend or terminate assistance for the
project to the recipient, consistent with subsections (a),
(b), (c), and (f) of section 176.
``SEC. 188. CAPACITY BUILDING.
``Participants in programs supported under the national
service laws, including individuals serving in approved
national service positions, may engage in activities,
including recruiting and managing volunteers, that increase
the capacity of organizations that receive assistance under
the national service laws to address unmet human,
educational, environmental, or public safety needs.
``SEC. 188A. EXPENSES OF ATTENDING MEETINGS.
``Notwithstanding section 1345 of title 31, United States
Code, funds authorized under the national service laws shall
be available for expenses of attendance of meetings that are
concerned with the functions or activities for which the
funds are appropriated or that will contribute to improved
conduct, supervision, or management of those functions or
activities.
``SEC. 188B. GRANT PERIODS.
``Unless otherwise specifically provided, the Corporation
has authority to make a grant, or enter into a contract or
cooperative agreement, under the national service laws for a
period of 3 years.
``SEC. 188C. LIMITATION ON PROGRAM GRANT COSTS.
``(a) Limitation on Grant Amounts.--Except as otherwise
provided by this section, the amount of funds approved by the
Corporation for a grant to operate a nonresidential program
authorized under the national service laws supporting
individuals serving in approved national service positions
may not exceed $16,000 per full-time equivalent position.
``(b) Costs Subject to Limitation.--The limitation in
subsection (a) applies to the Corporation's share of
participant support costs, staff costs, and other costs borne
by the recipient or a subrecipient of the funds to operate a
program.
``(c) Costs Not Subject to Limitation.--The limitation in
subsection (a) shall not apply to expenses that are not
covered by the grant award.
``(d) Adjustments for Inflation.--The amount specified in
subsection (a) shall be increased each year after 2004 for
inflation as measured by the Consumer Price Index for All
Urban Consumers published by the Secretary of Labor.
``(e) Waiver Authority and Reporting Requirement.--
``(1) Waiver.--The Chief Executive Officer may waive the
requirements of subsections (a) through (d), if necessary to
meet the compelling needs of a particular program, such as--
``(A) exceptional training needs for a program serving
disadvantaged youth;
``(B) increased costs relating to the participation of
individuals with disabilities; and
``(C) start-up costs associated with a first-time recipient
of funds for a program described in subsection (a).
``(2) Reports.--The Chief Executive Officer shall submit
reports to Congress annually on all waivers granted under
this section, with explanations of the compelling needs
justifying such waivers.
``SEC. 188D. NOTICE REQUIREMENT.
``(a) Notice.--The Corporation shall ensure that the
following notice is included in all application materials,
announcements of grants, contracts, and other agreements, and
other materials containing information regarding application
for assistance provided under the national service laws: `The
Civil Rights Act of 1964 (42 U.S.C. 2000 et seq.) prohibits
employers with 15 or more employees from engaging in
employment practices that discriminate against an individual
on the basis of religion. Under section 702(a) of the Civil
Rights Act of 1964, this prohibition generally does not apply
to a religious corporation, association, educational
institution, or society. However, as a requirement of
receiving funding under the national service laws, any such
religious entity shall not discriminate on the basis of
religion against a new employee who is paid with funds
received under the national service laws, pursuant to section
175(c) of the National and Community Service Act of 1990 (42
U.S.C. 12635(c)) and section 417(c) of the Domestic Volunteer
Service Act of 1973 (42 U.S.C. 5057(c)).'.
``(b) Confirmation.--Before providing assistance to a
private entity referred to in the notice specified in
subsection (a), the Corporation shall ensure that the entity
provides written confirmation, separate from any other
document required by law or regulation, acknowledging that
the entity has read and understands that notice.
``(c) Construction.--Subsections (a) and (b) shall not be
construed to amend, or supersede or otherwise affect rights,
protections, or duties under, any law, other than this Act.
``SEC. 188E. AUDITS AND REPORTS.
``The Corporation shall comply with applicable audit and
reporting requirements as provided in chapters 5 and 91 of
title 31, United States Code (relating to the Office of
Management and Budget and government corporations). The
Corporation shall report to the Congress any failure to
comply with the requirements relating to such audits.
``SEC. 188F. CONSTRUCTION.
``An individual participating in service in a program
described in section 122(a)(18) 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.).''.
Subtitle G--Corporation for National and Community Service
SEC. 1701. TERMS OF OFFICE.
Section 192 (42 U.S.C. 12651a) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Terms.--Subject to subsection (e), each appointed
member of the Board shall serve for a term of 5 years.''; and
(2) by adding at the end the following:
``(e) Service Until Appointment of Successor.--An appointed
member of the Board whose term has expired may continue to
serve until the earlier of--
``(1) the date on which a successor has taken office; or
``(2) the date on which the Congress adjourns sine die to
end the session of Congress that commences after the date on
which the member's term expired.''.
SEC. 1702. BOARD OF DIRECTORS AUTHORITIES AND DUTIES.
Section 192A(g) (42 U.S.C. 12651b(g)) is amended--
[[Page S7994]]
(1) by striking paragraph (2);
(2) by redesignating paragraph (1) as paragraph (2);
(3) by inserting before paragraph (2) (as redesignated by
paragraph (2)) the following:
``(1) have responsibility for setting overall policy for
the Corporation;'';
(4) in paragraph (5)(B), by striking ``the annual strategic
plan referred to in paragraph (1), the proposals referred to
in paragraphs (2) and (3)'' and inserting ``the annual
strategic plan referred to in paragraph (2), the proposal
referred to in paragraph (3)'';
(5) in paragraph (9), by inserting ``and'' after
``Corporation;'';
(6) in paragraph (10), by striking ``; and'' and inserting
a period; and
(7) by striking paragraph (11).
SEC. 1703. PEER REVIEWERS.
Section 193A (42 U.S.C. 12651d) is amended--
(1) in subsection (b)--
(A) in paragraph (2)(B), by striking ``after receiving and
reviewing an approved proposal under section 192A(g)(2),'';
(B) in paragraph (8)(B)--
(i) in clause (i), by striking ``section 192A(g)(1)'' and
inserting ``section 192A(g)(2)''; and
(ii) in clause (ii), by striking ``proposals approved by
the Board under paragraph (2) or (3) of section 192A(g)'' and
inserting ``proposal approved by the Board under section
192A(g)(3)''; and
(C) in paragraph (9)(C), by striking the semicolon and
inserting ``; and'';
(D) by striking paragraph (10); and
(E) by redesignating paragraph (11) as paragraph (10);
(2) in subsection (c)--
(A) in paragraph (9), by striking ``and'' at the end;
(B) by redesignating paragraph (10) as paragraph (11); and
(C) by inserting after paragraph (9) the following:
``(10) obtain the opinions of peer reviewers in evaluating
applications to the Corporation for assistance under this
title; and'';
(3) by striking subsection (f); and
(4) by redesignating subsection (g) as subsection (f).
SEC. 1704. OFFICERS.
Section 194(d) (42 U.S.C. 12651e(d)) is amended, in the
subsection heading, by striking ``National Senior Volunteer
Corps'' and inserting ``National Senior Service Corps''.
SEC. 1705. NONVOTING MEMBERS; PERSONAL SERVICES CONTRACTS.
Section 195 (42 U.S.C. 12651f) is amended--
(1) in subsection (c)(3)--
(A) in the paragraph heading, by striking ``Member'' and
inserting ``Non-voting member''; and
(B) by inserting ``non-voting'' before ``member''; and
(2) by adding at the end the following:
``(g) Personal Services Contracts.--The Corporation may
enter into personal services contracts to carry out research,
evaluation, and public awareness projects related to the
national service laws.''.
SEC. 1706. DONATED SERVICES.
Section 196(a) (42 U.S.C. 12651g(a)) is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) Organizations and individuals.--Notwithstanding
section 1342 of title 31, United States Code, the Corporation
may solicit and accept the voluntary services of
organizations and individuals (other than participants) to
assist the Corporation in carrying out the duties of the
Corporation under the national service laws, and may provide
to members of such organizations and such individuals the
travel expenses described in section 192A(d).'';
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by striking ``Such
a volunteer'' and inserting ``A person who is a member of an
organization, or is an individual, covered by subparagraph
(A)'';
(ii) in clause (i), by striking ``a volunteer under this
subtitle'' and inserting ``such a person'';
(iii) in clause (ii), by striking ``volunteers under this
subtitle'' and inserting ``such persons''; and
(iv) in clause (iii), by striking ``such a volunteer'' and
inserting ``such a person''; and
(C) in subparagraph (C)(i), by striking ``Such a
volunteer'' and inserting ``Such a person''; and
(2) by striking paragraph (3).
Subtitle H--Investment for Quality and Innovation
SEC. 1801. TECHNICAL AMENDMENTS TO SUBTITLE H.
Section 198 (42 U.S.C. 12653) is amended--
(1) in subsection (a), by striking ``subsection (r)'' and
inserting ``subsection (q)'';
(2) in subsection (e)--
(A) in the subsection heading, by striking ``Improve
Ability To Apply for Assistance'' and inserting ``Training
and Technical Assistance''; and
(B) by striking ``and other entities'' and all that follows
and inserting ``and other entities, including those in
underserved rural and urban areas, to enable them to apply
for funding under one of the national service laws, to
conduct high-quality programs, to evaluate such programs, to
support efforts to improve the management of nonprofit
organizations and community groups, and for other
purposes.'';
(3) in subsection (i)--
(A) by striking ``conduct a campaign to''; and
(B) by striking ``to promote'' and inserting ``may
promote'';
(4) by striking subsection (q) and redesignating
subsections (r) and (s) as subsections (q) and (r),
respectively;
(5) in subsection (q) (as redesignated by paragraph (4)),
in the subsection heading, by striking ``Assistance for Head
Start'' and inserting ``Agreements Concerning Foster
Grandparent Programs''; and
(6) by adding at the end the following:
``(s) Volunteer Service Technology Programs.--The
Corporation may make available not more than $5,000,000 per
year to make grants to Internet volunteer recruiting
entities, to pay for the Federal share of the cost of
programs to assist the entities to locate, promote, and match
volunteers with, local service and volunteer organizations.
The Federal share of the cost shall be 75 percent. The non-
Federal share of the cost shall be provided from State or
local sources.''.
SEC. 1802. CLEARINGHOUSES.
Section 198A(a) (42 U.S.C. 12653a(a)) is amended by
striking ``section 118'' and inserting ``section 120A''.
SEC. 1803. REPEAL OF SPECIAL DEMONSTRATION PROJECT.
Section 198D (42 U.S.C. 12653d) is repealed.
Subtitle I--Additional Authorities
SEC. 1901. AMERICA'S PROMISE: THE ALLIANCE FOR YOUTH.
Title I (42 U.S.C. 12511) is amended by adding at the end
the following:
``Subtitle J--America's Promise: The Alliance for Youth
``SEC. 199N. AUTHORITY TO PROVIDE ASSISTANCE.
``(a) In General.--Subject to the availability of
appropriations, the Corporation may make a grant to America's
Promise: The Alliance for Youth (referred to in this section
as the ``alliance'') to support its activities relating to
mobilizing communities to ensure that young people become
productive, responsible adults.
``(b) Use of Funds.--The alliance may use the funds made
available through the grant to pay for costs attributable to
the development or operation of programs, consistent with the
terms of the grant.
``(c) Chief Executive Officer as Ex Officio Member of Board
of Directors.--The Chief Executive Officer may serve as an ex
officio, nonvoting member of the Board of Directors of the
alliance.''.
Subtitle J--Points of Light Foundation
SEC. 1911. PURPOSES.
Section 302 (42 U.S.C. 12661) is amended to read as
follows:
``SEC. 302. PURPOSES.
``The purposes of this title are--
``(1) to encourage every individual and every institution
in the Nation to help solve critical social problems by
volunteering time, energies, and services through community
and volunteer service projects and initiatives;
``(2) to identify successful and promising community and
volunteer service projects and initiatives, and to
disseminate information, training, and technical assistance
concerning such projects and initiatives to other communities
in order to promote and sustain the adoption of the projects
and initiatives nationwide;
``(3) to discover and encourage new leaders and develop
individuals and institutions that serve as strong examples of
a commitment to serving others, and to convince all people in
the United States that a successful life includes serving
others;
``(4) to encourage and facilitate the development of new
volunteer centers in designated communities; and
``(5) to strengthen the aggregate infrastructure of our
Nation's volunteer centers in order to maximize recruitment,
management, and retention.''.
SEC. 1912. BOARD OF DIRECTORS.
Section 303 (42 U.S.C. 12662) is amended--
(1) in subsection (a), by striking ``Corporation'' and
inserting ``Corporation for National and Community Service
(referred to in this title as the `Corporation')'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Chief Executive Officer as Ex Officio Member of Board
of Directors.--The Chief Executive Officer of the Corporation
may serve as an ex officio nonvoting member of the
Foundation's Board of Directors.''.
SEC. 1913. GRANTS TO THE FOUNDATION.
Section 304 (42 U.S.C. 12663) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``a department or agency in the executive
branch'' and all that follows through ``the President--'' and
inserting ``the Corporation--''; and
(2) by adding after subsection (b) the following:
``(c) Endowment.--
``(1) In general.--Notwithstanding any other provision of
law, from the funds made available each fiscal year under
sections 303 and 501(b), the Foundation may use not more than
25 percent to establish or support an endowment fund, the
corpus of which shall remain intact and the interest income
from which shall be used to support activities described in
this title. The Foundation may invest the corpus and income
only in federally insured bank savings accounts or comparable
interest-bearing accounts, certificates of deposit, money
market funds, mutual funds,
[[Page S7995]]
obligations of the United States, or other market instruments
and securities, but not in real estate.
``(2) End of operations.--The Chief Executive Officer shall
obtain from the Foundation complete and accurate records of
Federal funds deposited in an endowment fund established or
supported in accordance with paragraph (1). The corpus of
such an endowment fund shall revert to the Treasury if the
Chief Executive Officer determines that--
``(A) the Foundation has ceased operations; or
``(B) the Foundation is no longer capable of carrying out
the activities described in section 302.
``(d) Grants To Support Community-Based Volunteer
Centers.--From funds made available under sections 303 and
501(b), the Foundation may make grants to--
``(1) community-based organizations for the purpose of
facilitating the development of volunteer centers; and
``(2) community-based volunteer centers to support their
ability to recruit, manage, and retain volunteers.''.
Subtitle K--Authorization of Appropriations
SEC. 1921. AUTHORIZATION.
Section 501 (42 U.S.C. 12681) is amended to read as
follows:
``SEC. 501. AUTHORIZATION OF APPROPRIATIONS.
``(a) Title I.--
``(1) Subtitle b.--
``(A) In general.--There are authorized to be appropriated
to provide financial assistance under subtitle B of title I,
$55,000,000 for fiscal year 2004, $58,000,000 for fiscal year
2005, $61,000,000 for fiscal year 2006, $65,000,000 for
fiscal year 2007, and such sums as may be necessary for
fiscal year 2008.
``(B) Programs.--Of the amount appropriated under
subparagraph (A) for a fiscal year--
``(i) not more than 50 percent shall be available to
provide financial assistance under part I of subtitle B of
title I;
``(ii) not more than 25 percent shall be available to
provide financial assistance under part II of such subtitle;
and
``(iii) not less than 25 percent shall be available to
provide financial assistance under part III of such subtitle.
``(2) Subtitles c, d, and h.--
``(A) In general.--There are authorized to be appropriated
to provide financial assistance under subtitles C and H of
title I, to administer the National Service Trust and provide
national service educational awards and service-based
scholarships for secondary school students under subtitle D
of title I, and to carry out such audits and evaluations as
the Chief Executive Officer or the Inspector General of the
Corporation may determine to be necessary, $415,000,000 for
fiscal year 2004, and such sums as may be necessary for
fiscal years 2005 through 2008.
``(B) Programs.--Of the amount appropriated under
subparagraph (A) for a fiscal year, not more than 15 percent
shall be made available to provide financial assistance under
section 125, under subsections (b) and (c) of section 126,
and under subtitle H of title I.
``(C) Subtitle c.--Of the amount appropriated under
subparagraph (A) for fiscal year 2004, not more than
$315,000,000 shall be made available to provide financial
assistance under section 121.
``(3) Subtitle e.--There are authorized to be appropriated
to operate the Civilian Community Corps and provide financial
assistance under subtitle E of title I, $30,000,000 for
fiscal year 2004 and such sums as may be necessary for each
of fiscal years 2005 through 2008.
``(4) Subtitle j.--There are authorized to be appropriated
to provide financial assistance under subtitle J of title I
$7,500,000 for fiscal year 2004 and such sums as may be
necessary for each of fiscal years 2005 through 2008.
``(5) Administration.--
``(A) In general.--There are authorized to be appropriated
for the administration of this Act, including the provision
of financial assistance under section 126(a), $34,000,000 for
fiscal year 2004 and such sums as may be necessary for each
of fiscal years 2005 through 2008.
``(B) Corporation.--Of the amounts appropriated under
subparagraph (A) for a fiscal year--
``(i) not more than 60 percent shall be made available to
the Corporation for the administration of this Act; and
``(ii) the remainder shall be available to provide
financial assistance under section 126(a).
``(b) Title III.--There are authorized to be appropriated
to carry out title III $10,000,000 for fiscal year 2004 and
such sums as may be necessary for each of fiscal years 2005
through 2008.
``(c) Availability of Appropriations.--Funds appropriated
under this section shall remain available until expended.''.
TITLE II--AMENDMENTS TO THE DOMESTIC VOLUNTEER SERVICE ACT OF 1973
SEC. 2001. REFERENCES.
Except as otherwise specifically provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a provision, the reference shall
be considered to be made to a provision of the Domestic
Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.).
Subtitle A--National Volunteer Antipoverty Programs
SEC. 2101. PURPOSE.
The second sentence of section 2(b) (42 U.S.C. 4950(b)) is
amended by striking ``local agencies'' and inserting ``local
agencies, expand relationships with, and support for, the
efforts of civic, community, and educational
organizations,''.
SEC. 2102. PURPOSE OF THE VISTA PROGRAM.
Section 101 (42 U.S.C. 4951) is amended--
(1) in the second sentence, by striking ``afflicted with''
and inserting ``affected by''; and
(2) in the third sentence, by striking ``local level'' and
all that follows and inserting ``local level, to support
efforts by local agencies and community organizations to
achieve long-term sustainability of projects initiated or
expanded under the VISTA program, and to strengthen local
agencies and community organizations to carry out the purpose
of this part, consistent with the provisions of section 187
of the National and Community Service Act of 1990.''.
SEC. 2103. APPLICATIONS.
Section 103 (42 U.S.C. 4953) is amended--
(1) in subsection (a)(2)--
(A) by striking ``handicapped'' and inserting ``disabled'';
and
(B) by striking ``handicaps'' and inserting
``disabilities'';
(2) in subsection (b)(1), by striking ``recruitment and
placement procedures'' and inserting ``recruitment and
placement procedures that involve sponsoring organizations
and'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``personnel described in subsection (b)(2)(C)'' and inserting
``personnel described in subsection (b)(2)(C) and sponsoring
organizations''; and
(ii) in subparagraph (F), by striking ``National and
Community Service Trust Act of 1993'' and inserting
``National and Community Service Act of 1990 (42 U.S.C. 12501
et seq.)''; and
(B) in paragraph (3), by striking ``this subsection with
those'' and inserting ``this subsection, and related
recruitment and public awareness activities carried out under
the national service laws, with the recruitment and public
awareness activities'';
(4) in subsection (g), by striking ``and has been submitted
to the Governor'' and all that follows and inserting a
period; and
(5) by adding at the end the following:
``(i) The Director may enter into agreements under which
public and private nonprofit organizations with sufficient
financial capacity and size pay for all or a portion of the
costs of supporting the service of volunteers under this
title, consistent with the provisions of section 187 of the
National and Community Service Act of 1990.''.
SEC. 2104. TERMS AND PERIODS OF SERVICE.
Section 104 (42 U.S.C. 4954) is amended--
(1) by striking subsection (a) and inserting the following:
``(a)(1) Except as provided in paragraphs (2) through (4),
volunteers serving under this part shall be required to make
a full-time personal commitment to combating poverty and
poverty-related problems. To the maximum extent practicable,
that requirement for a full-time personal commitment shall
include a commitment to live among and at the economic level
of the people served, and to remain available for service
without regard to regular working hours, at all times during
the periods of service, except for authorized periods of
leave.
``(2) The Director may exempt volunteers serving under this
part for fiscal year 2003 or 2004 from the requirements of
paragraph (1), but the requirements shall apply to--
``(A) not less than 75 percent of such volunteers for
fiscal year 2003; and
``(B) not less than 50 percent of such volunteers for
fiscal year 2004.
``(3) Not later than September 30, 2004, the Comptroller
General of the United States shall submit a report to
Congress on whether the exemptions permitted under paragraph
(2) have had a material and adverse effect on the ability of
the VISTA program to combat poverty and poverty-related
problems, such as an increased attrition rate among
volunteers, and difficulty in recruiting volunteers, to serve
under this part.
``(4)(A) Except as provided in subparagraph (B), the
Director may exempt volunteers serving under this part for
fiscal year 2005 or a subsequent fiscal year from the
requirements of paragraph (1), but the requirements shall
apply to not less than 25 percent of such volunteers for
fiscal year 2005.
``(B) Subparagraph (A) shall not apply if the Comptroller
General of the United States determines, in the report
described in paragraph (3), that the exemptions permitted
under paragraph (2) have had a material and adverse effect on
the ability of the VISTA program to combat poverty and
poverty-related problems.'';
(2) in subsection (b)(2), by striking ``if the Director
determines'' and all that follows and inserting ``if they are
enrolled for periods of at least 1,700 hours for service to
which the requirements of subsection (a)(1) do not apply.'';
and
(3) in subsection (d)--
(A) in the first sentence, by striking ``with the terms and
conditions of their service.'' and inserting ``with the terms
and conditions of their service or any adverse action,
including termination, proposed by the sponsoring
organization involved. The procedure shall provide for an
appeal to the Director of any proposed termination from
service.''; and
(B) in the last sentence, by striking ``and the terms and
conditions of their service''.
[[Page S7996]]
SEC. 2105. SECTIONS REPEALED.
Sections 109 and 124 (42 U.S.C. 4959 and 4995) are
repealed.
SEC. 2106. REDESIGNATION.
Part A of title I (42 U.S.C. 4951 et seq.) is amended by
redesignating section 110 as section 109.
SEC. 2107. UNIVERSITY YEAR FOR VISTA PROGRAM.
Section 111(b) (42 U.S.C. 4971(b)) is amended in the third
sentence by striking ``agencies, institutions, and
situations'' and inserting ``agencies and institutions,
including civic, community, and educational organizations,''.
SEC. 2108. CONFORMING AMENDMENT.
Section 121 is amended in the second sentence by striking
``agencies, institutions, and situations'' and inserting
``agencies and institutions, including civic, community, and
educational organizations,''.
Subtitle B--National Senior Service Corps
SEC. 2201. CHANGE IN NAME.
Title II (42 U.S.C. 5000 et seq.) is amended in the title
heading by striking ``NATIONAL SENIOR VOLUNTEER CORPS'' and
inserting ``NATIONAL SENIOR SERVICE CORPS''.
SEC. 2202. PURPOSE.
Section 200 (42 U.S.C. 5000) is amended to read as follows:
``SEC. 200. STATEMENT OF PURPOSE.
``It is the purpose of this title to provide--
``(1) opportunities for senior service to meet unmet local,
State, and national needs in the areas of education, public
safety, health and human needs, and the environment;
``(2) for the National Senior Service Corps, comprised of
the Retired and Senior Volunteer Program, the Foster
Grandparent Program, and the Senior Companion Program, and
demonstration and other programs to empower older individuals
to contribute to their communities through service, enhance
the lives of those who serve and those whom they serve, and
provide communities with valuable services;
``(3) opportunities for people 55 years of age or older,
through the Retired and Senior Volunteer Program, to share
their experiences, abilities, and skills for the betterment
of their communities and themselves;
``(4) opportunities for people 55 years of age or older,
through the Foster Grandparent Program, to have a positive
impact on the lives of children in need;
``(5) opportunities for people 55 years of age or older,
through the Senior Companion Program, to provide critical
support services and companionship to adults at risk of
institutionalization and who are struggling to maintain a
dignified independent life; and
``(6) for research, training, demonstration, and other
program activities to increase and improve opportunities for
seniors to meet unmet needs, including those related to
emergency preparedness, public safety, public health, and
disaster relief, in their communities.''.
SEC. 2203. GRANTS AND CONTRACTS FOR VOLUNTEER SERVICE
PROJECTS.
Section 201 (42 U.S.C. 5001) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``avail themselves of opportunities for volunteer service in
their community'' and inserting ``share their experiences,
abilities, and skills for the betterment of their communities
and themselves''; and
(B) in paragraph (2), by striking ``, and individuals 60
years of age or older will be given priority for
enrollment,'';
(2) by striking subsection (c); and
(3) by redesignating subsection (d) as subsection (c).
SEC. 2204. FOSTER GRANDPARENT PROGRAM GRANTS.
Section 211 (42 U.S.C. 5011) is amended--
(1) in subsection (a), by striking ``low-income persons
aged sixty or over'' and inserting ``low-income and other
persons aged 55 or over'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``shall have the exclusive authority to determine, pursuant
to the provisions of paragraph (2) of this subsection--'' and
inserting ``may determine--'';
(ii) in subparagraph (A), by striking ``and'';
(iii) in subparagraph (B), by striking the period and
inserting ``; and''; and
(iv) by adding at the end the following:
``(C) whether it is in the best interests of a child
receiving, and of a particular foster grandparent providing,
services in such a project, to continue such relationship
after the child reaches the age of 21, if such child was
receiving such services prior to attaining the age of 21.'';
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as paragraph (2);
(D) in paragraph (2) (as redesignated by subparagraph (C)
of this section), by striking ``paragraphs (1) and (2)'' and
inserting ``paragraph (1)''; and
(E) by adding at the end the following:
``(3) If an assignment of a foster grandparent is suspended
or discontinued, the replacement of that foster grandparent
shall be determined through the mutual agreement of all
parties involved in the provision of services to the
child.'';
(3) in subsection (d)--
(A) in the first sentence, by striking ``low-income persons
serving as volunteers under this part, such allowances,
stipends, and other support'' and inserting ``low-income
persons and persons eligible under subsection (h) serving as
volunteers under this part, such stipends or allowances'';
and
(B) by striking the second sentence and all that follows
and inserting the following: ``Any stipend or allowance
provided under this part shall not exceed 75 percent of the
minimum wage under the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.), with the Federal share not to exceed
$2.65 per hour, except that the Director shall adjust the
Federal share once prior to December 31, 2008, to account for
inflation.'';
(4) in subsection (e)(1), by striking ``125'' and inserting
``200'';
(5) by striking subsection (f) and inserting the following:
``(f)(1) Subject to the restrictions in paragraph (3),
individuals who are not low-income persons may serve as
volunteers under this part. The regulations issued by the
Director to carry out this part (other than regulations
relating to stipends or allowances to individuals authorized
by subsections (d) and (h)) shall apply to all volunteers
under this part, without regard to whether such volunteers
are eligible to receive a stipend or allowance under
subsection (d) or (h).
``(2) Except as provided under paragraph (1), each
recipient of a grant or contract to carry out a project under
this part shall give equal treatment to all volunteers who
participate in such project, without regard to whether such
volunteers are eligible to receive a stipend or allowance
under subsection (d) or (h).
``(3) An individual who is not a low-income person may not
become a volunteer under this part if allowing that
individual to become a volunteer under this part would
prevent a low-income person from becoming a volunteer under
this part or would displace a low-income person from being a
volunteer under this part.''; and
(6) by adding at the end the following:
``(g) The Director may also provide a stipend or allowance
in an amount not to exceed 10 percent more than the amount
established under subsection (d) to leaders who, on the basis
of past experience as volunteers, special skills, and
demonstrated leadership abilities, may coordinate activities,
including training, and otherwise support the service of
volunteers under this part.
``(h) The Director may provide payments under subsection
(d) for up to 15 percent of volunteers serving in a project
under this part for a fiscal year who do not meet the
definition of `low-income' under subsection (e), upon
certification by the recipient of a grant or contract that it
is unable to effectively recruit and place low-income
volunteers in the number of placements approved for the
project.''.
SEC. 2205. SENIOR COMPANION PROGRAM GRANTS.
Section 213 (42 U.S.C. 5013) is amended--
(1) in subsection (a), by striking ``low-income persons
aged 60 or over'' and inserting ``low-income and other
persons aged 55 or over'';
(2) in subsection (b), by striking ``Subsections (d), (e),
and (f)'' and inserting ``Subsections (d) through (h)''; and
(3) by striking subsection (c)(2)(B) and inserting the
following:
``(B) Senior companion volunteer trainers and leaders may
receive a stipend or allowance consistent with subsections
(d), (g), and (h) of section 211, as approved by the
Director.''.
SEC. 2206. TECHNICAL AMENDMENTS.
(a) National Senior Service Corps.--
(1) Section 221.--Section 221 (42 U.S.C. 5021) is amended
in the heading by striking ``volunteer'' and inserting
``service''.
(2) Section 224.--Section 224 (42 U.S.C. 5024) is amended--
(A) in the heading by striking ``volunteer'' and inserting
``service''; and
(B) by striking ``Volunteer'' and inserting ``Service''.
(b) Change in Age Eligibility.--Section 223 (42 U.S.C.
5023) is amended by striking ``sixty years and older'' and
inserting ``55 years and older''.
SEC. 2207. PROGRAMS OF NATIONAL SIGNIFICANCE.
Section 225(b) (42 U.S.C. 5025(b)) is amended by adding at
the end the following:
``(19) Programs that strengthen community efforts in
support of homeland security.''.
SEC. 2208. ADDITIONAL PROVISIONS.
Part D of title II (42 U.S.C. 5021 et seq.) is amended by
adding at the end the following:
``SEC. 228. PARTICIPATION AND INCOME LEVEL.
``(a) Restriction on Participation.--
``(1) In general.--Except as provided in subsection (b),
participation in programs and activities under this title
shall be open to a senior whose income level does not exceed
200 percent of the poverty line for a single individual.
``(2) Deduction for medical expenses.--For purposes of
determining the income level of a senior under paragraph (1),
such income level shall be reduced by an amount that is equal
to 50 percent of the amount of such senior's medical expenses
during the year preceding the year during which the
eligibility determination is made.
``(b) Waiver.--The Corporation may waive the requirement of
subsection (a) with respect to not to exceed 15 percent of
the participants in programs and activities under this title
for each fiscal year.
``SEC. 229. CONTINUITY OF SERVICE.
``To ensure the continued service of individuals in
communities served by the Retired and Senior Volunteer
Program, Foster
[[Page S7997]]
Grandparent Program, and Senior Companion Program prior to
the date of enactment of this section, in making grants under
this title the Corporation shall take actions it considers
necessary to maintain service assignments for such seniors
and to ensure continuity of service for communities.
``SEC. 229A. TRAINING AND RESEARCH.
``From funds appropriated each fiscal year to carry out
this title, the Corporation may reserve not more than
$15,000,000 to support research and training designed to
improve the effectiveness of programs supported under this
title.''.
Subtitle C--Administration and Coordination
SEC. 2301. NONDISPLACEMENT.
Section 404(a) is amended by striking ``displacement of
employed workers'' and inserting ``displacement of employed
workers or volunteers (other than participants under the
national service laws)''.
SEC. 2302. DEFINITIONS.
Section 421 (42 U.S.C. 5061) is amended--
(1) in paragraph (11), by striking ``417'' and inserting
``410'';
(2) in paragraph (13), by striking ``National Senior
Volunteer Corps'' and inserting ``National Senior Service
Corps''; and
(3) in paragraph (14)--
(A) by striking ``National Senior Volunteer Corps'' and
inserting ``National Senior Service Corps''; and
(B) by striking ``parts A, B, C, and E of''.
SEC. 2303. PROTECTION AGAINST IMPROPER USE.
Section 425 (42 U.S.C. 5065) is amended by striking
``National Senior Volunteer Corps'' and inserting ``National
Senior Service Corps''.
SEC. 2304. INCOME VERIFICATION.
Title IV (42 U.S.C. 5043 et seq.) is amended by adding at
the end the following:
``SEC. 426. INCOME VERIFICATION.
``Each organization that receives assistance under this Act
may verify the income eligibility of volunteers based on a
confidential declaration of income and with no requirements
for verification.''.
SEC. 2305. SECTIONS REPEALED.
Sections 412 and 416 (42 U.S.C. 5052 and 5056) are
repealed.
SEC. 2306. REDESIGNATIONS.
Title IV (42 U.S.C. 5043 et seq.) is amended by
redesignating sections 403, 404, 406, 408, 409, 410, 411,
414, 415, 417, 418, 419, 421, 422, 423, 424, 425, and 426 as
sections 401, 402, 403, 404, 405, 406, 407, 408, 409, 410,
411, 412, 413, 414, 415, 416, 417, and 418, respectively.
Subtitle D--Authorization of Appropriations
SEC. 2401. AUTHORIZATION OF APPROPRIATIONS FOR VISTA AND
OTHER PURPOSES.
Section 501 (42 U.S.C. 5081) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``, excluding section
109'' and all that follows and inserting ``$90,000,000 for
fiscal year 2004 and such sums as may be necessary for each
of fiscal years 2005 through 2008.'';
(B) by striking paragraphs (2) and (4) and redesignating
paragraphs (3) and (5) as paragraphs (2) and (3),
respectively; and
(C) in paragraph (2) (as redesignated by subparagraph (B)
of this section), by striking ``, excluding section 125'' and
all that follows and inserting ``$5,000,000 for fiscal year
2004 and such sums as may be necessary for each of fiscal
years 2005 through 2008.''; and
(2) by striking subsection (e).
SEC. 2402. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL
SENIOR SERVICE CORPS.
Section 502 (42 U.S.C. 5082) is amended to read as follows:
``SEC. 502. NATIONAL SENIOR SERVICE CORPS.
``(a) Retired and Senior Volunteer Program.--There are
authorized to be appropriated to carry out part A of title II
$58,884,000 for fiscal year 2004 and such sums as may be
necessary for each of fiscal years 2005 through 2008.
``(b) Foster Grandparent Program.--There are authorized to
be appropriated to carry out part B of title II $110,000,000
for fiscal year 2004 and such sums as may be necessary for
each of fiscal years 2005 through 2008.
``(c) Senior Companion Program.--There are authorized to be
appropriated to carry out part C of title II $46,563,000 for
fiscal year 2004 and such sums as may be necessary for each
of fiscal years 2005 through 2008.
``(d) Demonstration Programs.--There are authorized to be
appropriated to carry out part E of title II $400,000 for
fiscal year 2004 and such sums as may be necessary for each
of fiscal years 2005 through 2008.''.
SEC. 2403. ADMINISTRATION AND COORDINATION.
Section 504 (42 U.S.C. 5084) is amended to read as follows:
``SEC. 504. ADMINISTRATION AND COORDINATION.
``There are authorized to be appropriated for the
administration of this Act $33,568,000 for fiscal year 2004
and such sums as may be necessary for each of fiscal years
2005 through 2008.''.
SEC. 2404. REDESIGNATIONS.
Title V (42 U.S.C. 5081 et seq.) is amended by
redesignating sections 504 and 505 as sections 503 and 504,
respectively.
TITLE III--AMENDMENTS TO OTHER LAWS
SEC. 3001. INSPECTOR GENERAL ACT OF 1978.
Section 8F(a)(1) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by striking ``National and Community
Service Trust Act of 1993'' and inserting ``National and
Community Service Act of 1990''.
TITLE IV--TECHNICAL AMENDMENTS TO TABLES OF CONTENTS
SEC. 4001. TABLE OF CONTENTS FOR THE NATIONAL AND COMMUNITY
SERVICE ACT OF 1990.
Section 1(b) of the National and Community Service Act of
1990 (42 U.S.C. 12501 note) is amended to read as follows:
``(b) Table of Contents.--The table of contents is as
follows:
``Sec. 1. Short title and table of contents.
``Sec. 2. Findings and purpose.
``TITLE I--NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
``Subtitle A--General Provisions
``Sec. 101. Definitions.
``Subtitle B--School-Based and Community-Based Service-Learning
Programs
``Part I--Programs for Elementary and Secondary School Students
``SUBPART A--PROGRAMS FOR STUDENTS
``Sec. 111. Assistance to States and Indian tribes.
``Sec. 112. Allotments.
``Sec. 113. Applications.
``Sec. 114. Consideration of applications.
``Sec. 115. Federal, State, and local contributions.
``Sec. 116. Limitations on uses of funds.
``SUBPART B--COMMUNITY CORPS DEMONSTRATION PROGRAM
``Sec. 118. Demonstration program.
``Part II--Higher Education Innovative Programs for Community Service
``Sec. 119. Higher education innovative programs for community service.
``Part III--Community-based Programs, Training, and Other Initiatives
``Sec. 120. Community-based programs, training, and other initiatives.
``Part IV--Clearinghouse
``Sec. 120A. Service-learning clearinghouse.
``Subtitle C--National Service Trust Program
``Part I--Investment in National Service
``Sec. 121. Authority to provide assistance and approved national
service positions.
``Sec. 122. Types of national service programs eligible for program
assistance.
``Sec. 123. Types of national service positions eligible for approval
for national service educational awards.
``Sec. 124. Types of program assistance.
``Sec. 125. Training and technical assistance.
``Sec. 126. Other special assistance.
``Part II--Application and Approval Process
``Sec. 129. Provision of assistance and approved national service
positions.
``Sec. 129A. Education awards program.
``Sec. 130. Application for assistance and approved national service
positions.
``Sec. 131. National service program assistance requirements.
``Sec. 132. Ineligible service categories.
``Sec. 133. Consideration of applications.
``Part III--National Service Participants
``Sec. 137. Description of participants.
``Sec. 138. Selection of national service participants.
``Sec. 139. Terms of service.
``Sec. 140. Living allowances for national service participants.
``Sec. 141. National service educational awards.
``Subtitle D--National Service Trust and Provision of National Service
Educational Awards
``Sec. 145. Establishment of the National Service Trust.
``Sec. 146. Individuals eligible to receive a national service
educational award from the Trust.
``Sec. 147. Determination of the amount of the national service
educational award.
``Sec. 148. Disbursement of national service educational awards.
``Sec. 149. Use by participants with disabilities.
``Sec. 149A. Service-based scholarships to secondary school students.
``Subtitle E--National Civilian Community Corps
``Sec. 151. Purpose.
``Sec. 152. Establishment of National Civilian Community Corps program.
``Sec. 153. National service program.
``Sec. 154. Summer national service program.
``Sec. 155. National Civilian Community Corps.
``Sec. 156. Training.
``Sec. 157. Service projects.
``Sec. 158. Authorized benefits for Corps members.
``Sec. 159. Administrative provisions.
``Sec. 160. Status of Corps members and Corps personnel under Federal
law.
``Sec. 161. Contract and grant authority.
``Sec. 162. Responsibilities of other departments.
``Sec. 164. Annual evaluation.
``Sec. 166. Definitions.
``Subtitle F--Administrative Provisions
``Sec. 171. Family and medical leave.
``Sec. 172. Reports.
``Sec. 173. Supplementation.
``Sec. 174. Prohibition on use of funds.
``Sec. 175. Nondiscrimination.
``Sec. 176. Notice, hearing, and grievance procedures.
[[Page S7998]]
``Sec. 177. Nonduplication and nondisplacement.
``Sec. 178. State Commissions on National and Community Service.
``Sec. 179. Evaluation.
``Sec. 180. Engagement of participants.
``Sec. 181. Contingent extension.
``Sec. 182. Partnerships with schools.
``Sec. 183. Rights of access, examination, and copying.
``Sec. 184. Drug-free workplace requirements.
``Sec. 185. Consolidated application and reporting requirements.
``Sec. 186. Accountability for results.
``Sec. 187. Sustainability.
``Sec. 188. Capacity building.
``Sec. 188A. Expenses of attending meetings.
``Sec. 188B. Grant periods.
``Sec. 188C. Limitation on program grant costs.
``Sec. 188D. Notice requirement.
``Sec. 188E. Audits and reports.
``Subtitle G--Corporation for National and Community Service
``Sec. 191. Corporation for National and Community Service.
``Sec. 192. Board of Directors.
``Sec. 192A. Authorities and duties of the Board of Directors.
``Sec. 193. Chief Executive Officer.
``Sec. 193A. Authorities and duties of the Chief Executive Officer.
``Sec. 194. Officers.
``Sec. 195. Employees, consultants, and other personnel.
``Sec. 196. Administration.
``Sec. 196A. Corporation State offices.
``Subtitle H--Investment for Quality and Innovation
``Sec. 198. Additional Corporation activities to support national
service.
``Sec. 198A. Clearinghouses.
``Sec. 198B. Presidential awards for service.
``Sec. 198C. Military installation conversion demonstration programs.
``Subtitle I--American Conservation and Youth Service Corps
``Sec. 199. Short title.
``Sec. 199A. General authority.
``Sec. 199B. Limitation on purchase of capital equipment.
``Sec. 199C. State application.
``Sec. 199D. Focus of programs.
``Sec. 199E. Related programs.
``Sec. 199F. Public lands or Indian lands.
``Sec. 199G. Training and education services.
``Sec. 199H. Preference for certain projects.
``Sec. 199I. Age and citizenship criteria for enrollment.
``Sec. 199J. Use of volunteers.
``Sec. 199K. Living allowance.
``Sec. 199L. Joint programs.
``Sec. 199M. Federal and State employee status.
``Subtitle J--America's Promise: The Alliance for Youth
``Sec. 199N. Authority to provide assistance.
``TITLE II--MODIFICATIONS OF EXISTING PROGRAMS
``Subtitle A--Publication
``Sec. 201. Information for students.
``Sec. 202. Exit counseling for borrowers.
``Sec. 203. Department information on deferments and cancellations.
``Sec. 204. Data on deferments and cancellations.
``Subtitle B--Youthbuild Projects
``Sec. 211. Youthbuild projects.
``Subtitle C--Amendments to Student Literacy Corps
``Sec. 221. Amendments to Student Literacy Corps.
``TITLE III--POINTS OF LIGHT FOUNDATION
``Sec. 301. Short title.
``Sec. 302. Purposes.
``Sec. 303. Authority.
``Sec. 304. Grants to the Foundation.
``Sec. 305. Eligibility of the Foundation for grants.
``TITLE IV--PROJECTS HONORING VICTIMS OF TERRORIST ATTACKS
``Sec. 401. Projects.
``TITLE V--AUTHORIZATION OF APPROPRIATIONS
``Sec. 501. Authorization of appropriations.
``TITLE VI--MISCELLANEOUS PROVISIONS
``Sec. 601. Amtrak waste disposal.
``Sec. 602. Exchange program with countries in transition from
totalitarianism to democracy.''.
SEC. 4002. TABLE OF CONTENTS FOR THE DOMESTIC VOLUNTEER
SERVICE ACT OF 1973.
Section 1(b) of the Domestic Volunteer Service Act of 1973
(42 U.S.C. 4950 note) is amended to read as follows:
``(b) Table of Contents.--The table of contents is as
follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Volunteerism policy.
``TITLE I--NATIONAL VOLUNTEER ANTIPOVERTY PROGRAM
``Part A--Volunteers in Service to America
``Sec. 101. Statement of purpose.
``Sec. 102. Authority to operate VISTA program.
``Sec. 103. Selection and assignment of volunteers.
``Sec. 104. Terms and periods of service.
``Sec. 105. Support service.
``Sec. 106. Participation of beneficiaries.
``Sec. 107. Participation of younger and older persons.
``Sec. 108. Limitation.
``Sec. 109. Applications for assistance.
``Part B--University Year for VISTA
``Sec. 111. Statement of purpose.
``Sec. 112. Authority to operate University Year for VISTA program.
``Sec. 113. Special conditions.
``Part C--Special Volunteer Programs
``Sec. 121. Statement of purpose.
``Sec. 122. Authority to establish and operate special volunteer and
demonstration programs.
``Sec. 123. Technical and financial assistance.
``TITLE II--NATIONAL SENIOR SERVICE CORPS
``Sec. 200. Statement of purposes.
``Part A--Retired and Senior Volunteer Program
``Sec. 201. Grants and contracts for volunteer service projects.
``Part B--Foster Grandparent Program
``Sec. 211. Grants and contracts for volunteer service projects.
``Part C--Senior Companion Program
``Sec. 213. Grants and contracts for volunteer service projects.
``Part D--General Provisions
``Sec. 221. Promotion of National Senior Service Corps.
``Sec. 222. Payments.
``Sec. 223. Minority group participation.
``Sec. 224. Use of locally generated contributions in National Senior
Service Corps.
``Sec. 225. Programs of national significance.
``Sec. 226. Adjustments to Federal financial assistance.
``Sec. 227. Multiyear grants or contracts.
``Sec. 228. Participation and income level.
``Sec. 229. Continuity of service.
``Sec. 229A. Training and research.
``Part E--Demonstration Programs
``Sec. 231. Authority of Director.
``Sec. 232. Prohibition.
``TITLE IV--ADMINISTRATION AND COORDINATION
``Sec. 401. Political activities.
``Sec. 402. Special limitations.
``Sec. 403. Labor standards.
``Sec. 404. Joint funding.
``Sec. 405. Prohibition of Federal control.
``Sec. 406. Coordination with other programs.
``Sec. 407. Prohibition.
``Sec. 408. Distribution of benefits between rural and urban areas.
``Sec. 409. Application of Federal law.
``Sec. 410. Nondiscrimination provisions.
``Sec. 411. Eligibility for other benefits.
``Sec. 412. Legal expenses.
``Sec. 413. Definitions.
``Sec. 414. Audit.
``Sec. 415. Reduction of paperwork.
``Sec. 416. Review of project renewals.
``Sec. 417. Protection against improper use.
``Sec. 418. Income verification.
``TITLE V--AUTHORIZATION OF APPROPRIATIONS
``Sec. 501. National volunteer antipoverty programs.
``Sec. 502. National Senior Service Corps.
``Sec. 503. Administration and coordination.
``Sec. 504. Availability of appropriations.
``TITLE VI--AMENDMENTS TO OTHER LAWS AND REPEALERS
``Sec. 601. Supersedence of Reorganization Plan Number 1 of July 1,
1971.
``Sec. 602. Creditable service for civil service retirement.
``Sec. 603. Repeal of title VIII of the Economic Opportunity Act.
``Sec. 604. Repeal of title VI of the Older Americans Act.''.
TITLE V--EFFECTIVE DATE AND SENSE OF CONGRESS
SEC. 5001. EFFECTIVE DATE.
Unless specifically provided otherwise, the amendments made
by this Act shall take effect on the date of enactment of
this Act.
SEC. 5002. SERVICE ASSIGNMENTS AND AGREEMENTS.
(a) Service Assignments.--Changes pursuant to this Act in
the terms and conditions of terms of service and other
service assignments under the national service laws
(including the amount of the education award) shall apply
only to individuals who enroll or otherwise begin service
assignments not earlier than the date that is 90 days after
the date of enactment of this Act, except when agreed upon by
all interested parties.
(b) Agreements.--Changes pursuant to this Act in the terms
and conditions of grants, contracts, or other agreements
under the national service laws shall apply only to such
agreements entered into not earlier than the date that is 90
days after the date of enactment of this Act, except when
agreed upon by all the parties to such agreements.
SEC. 5003. SENSE OF CONGRESS.
It is the sense of Congress that the Corporation should, in
all of its communications, distinguish individuals receiving
stipends or allowances from volunteers by--
(1) referring to participants in AmeriCorps under the
National and Community Service Act of 1990 (42 U.S.C. 12501
et seq.) as ``members'';
(2) referring to participants in the Foster Grandparent
Program as ``Foster Grandparents''; and
(3) referring to participants in the Senior Companion
Program as ``Companions''.
SEC. 5004. RECRUITMENT AND APPLICATION MATERIALS IN LANGUAGES
OTHER THAN ENGLISH.
It is the sense of Congress that the programs established
or authorized by this Act,
[[Page S7999]]
and those which receive funding under the National and
Community Service Act of 1990 (42 U.S.C. 12501 et seq.) or
the Domestic and Volunteer Service Act of 1973 (42 U.S.C.
4950 et seq.) are encouraged to provide recruitment and
application materials in languages other than English, if
applicable, in order to serve communities of limited English
proficiency, and that such programs may use such funding to
provide and distribute such materials.
Mr. McCAIN. Mr. President, I am grateful to join my colleagues,
Senators Evan Bayh, Ted Kennedy, and Barbara Mikulski in reintroducing
the Call to Service Act of 2003. This important legislation
significantly expands opportunities for citizens to serve their country
as community volunteers and in homeland security functions.
This legislation expands legislation that I introduced with senator
Bayh in 2001. A key component of the original McCain/Bayh proposal
became law last year. To meet the changing personnel needs of today's
military, the Defense Department will now have a new, shorter-term
enlistment option. Individuals who volunteer to serve under this new
program serve on active duty for 15 months after their initial military
training and can complete the remainder of their obligation by choosing
service on active duty, in the Selected Reserve or in the Individual
Ready Reserve, which can be fulfilled by in a civilian national service
program such as the Peace Corps or AmeriCorps). In return for service,
the legislation provides loan up to $18,000, an educational allowance
under the Montgomery GI Bill. I am encouraged by the excitement
expressed by the Pentagon in meetings about the implementation of the
program.
Two months after our legislation was introduced, President Bush made
service programs a centerpiece of his 2002 State of the Union address.
Unfortunately, since the speech, there has not been much followthrough
on the part of this Administration.
From the time President Bush was the Governor of Texas, through his
experience as President, he has proudly pointed out the successes of
this program. Yet the Fiscal Year 2003 Omnibus Appropriations bill he
sent to the Congress forced cuts in the program. Combined with a 50,000
cap placed on the number of AmeriCorps volunteers, AmeriCorps now faces
a crisis.
My office has been inundated by phone calls from nervous AmeriCorps
volunteers in recent days. They are all expressing the same fear that
they will not have the opportunity to continue their service to our
communities. Idealistic young men and women in this country got excited
when they heard the President promise increased opportunities to serve.
It is now time for the Congress and the President to expand
opportunities to serve.
There is no shortage of causes that volunteers are eager to fix. We
have failing schools, desperate for good teachers. Children in our
poorest communities are growing up in need of mentors. Millions of
elderly Americans desperately want to stay in their homes and out of
nursing facilities, but cannot do so without help with the small tasks
of daily life. More and more of our communities are being devastated by
natural disasters. Many of the AmeriCorps volunteers work for
chronically understaffed organizations such as Boys and Girls Clubs,
Habitat for Humanity and the Red Cross. I have to ask why would anyone
think we should do anything except increase AmeriCorps to provide
opportunities for as many people as possible to serve?
Not only does the community as a whole suffer when AmeriCorps is cut,
but those who are eager to serve are affected as well. Currently, over
490 individuals serve in Arizona. Many of
Arizona's AmeriCorps volunteers take advantage of the educational
opportunities that go along with their service. To date, over 2,100
Arizona residents have taken advantage of the $4,725 to help pay for
college or pay back student loans. The fewer the number of slots
available for AmeriCorps volunteers, the fewer the number of men and
women who will be able to take advantage of this important opportunity.
I am grateful Senators Bond and Mikulski are working to ensure that
the OMB ruling on the use of the education trust fund is used. This
will ensure that the cut in the number of volunteers is less than
originally feared. However make no mistake, there will be far fewer
volunteers in 2003.
Our legislation seeks to increase the opportunity to serve in
AmeriCorps. The Call to Service Act increases the number of people who
volunteer for AmeriCorps by 25,000 per year until 175,000 people are
serving in AmeriCorps each year for a five year period. This is a
125,000 increase in volunteers over the current 50,000 volunteers. Many
of these new positions will be dedicated to homeland security. This
legislation links AmeriCorps to Homeland Defense by directing the
Corporation for National Service to work with the Department of
Homeland Security to determine ways of promoting national security
through service programs.
This legislation also expands eligibility for willing and able
seniors to volunteer in a variety of capacities through Senior Corps,
including senior companion programs, tutoring, providing long-term
care, and serving as foster grandparents.
During my failed Presidential campaign in 2000, I had the opportunity
to meet with students all across the country. I was deeply moved by the
strong desire these young men and women expressed to serve their
country. While I encourage military service to those I meet, I
recognize this type of service is not for all. Our legislation
increases the opportunities for these citizens.
The response to the terrorist attacks of 9/11 brought out the best in
the citizens of the United States. Americans reached out to their
friends, neighbors and those in their communities. Many examples of
serving causes greater than their self interest abound. This dedication
to volunteer service is still alive today. We cannot continue to wait
to provide expanded opportunities for national service. Congress should
no longer delay in taking action on legislation to provide
opportunities for Americans to serve.
Mr. BAYH. Mr. President, I am privileged to reintroduce the ``Call to
Service Act'' with my colleagues, Senator John McCain, Senator Ted
Kennedy and Senator Barbara Mikulski--all great leaders on national
service. I am proud to join with them today to offer this significant
expansion of national service opportunities for all Americans--young
and old, affluent, people of more modest means, all united in their
devotion to serving America.
In November 2001, Senator McCain and I introduced the ``Call to
Service Act'' in an attempt to harness the spirit and overwhelming
patriotism of our citizens after September 11. We wanted to give
concrete opportunities to the countless Americans who were asking what
they could do to give back to their country.
Weeks after we introduced our bill, we were encouraged when the
President made his own more modest service proposals a rhetorical
centerpiece of his 2002 State of the Union address. In that speech,
President Bush promised a significant expansion of the AmeriCorps
program. He said, ``We want to be a nation that serves goals larger
than self. We've been offered a unique opportunity, and we must not let
this moment pass.''
Unfortunately, the President is in danger of letting the moment pass.
And now, almost a year and a half later, the promises of that speech
sound hollow. The administration's efforts to expand service have been
disappointingly lackluster. National Service expansion was held hostage
in the last Congress by members of the President's own party on the far
right, while he stood idly by.
In fact, Americans now have fewer opportunities to serve than before.
In my State of Indiana, we are facing a 92 percent cut in AmeriCorps
positions. Last year, there were nearly 400 full-time equivalent
positions available to serve in Indiana. This year, there will only be
fewer than 40 positions. This will have a dramatic impact on the
AmeriCorps programs throughout Indiana and on Hoosiers throughout the
State. It is a very real possibility that Indiana will only have one
AmeriCorps program this year. Children are not going to be tutored and
mentored, homes are not going to be built, neighborhoods are not going
to be cleaned up, and communities are going to be left behind. Indiana
is not unique, States across the country are facing similar reductions
in programs and services.
I am grateful to Senators Mikulski and Bond for their efforts to
ensure
[[Page S8000]]
that the OMB method of accounting is used to determine the number of
AmeriCorps positions available this year. With this change, there will
still be large reductions in AmeriCorps, but the damage will not be
quite as severe.
As AmeriCorps faces its greatest challenge since it was created, it
is important to restate our commitment to this program. Our legislation
will expand AmeriCorps by 25,000 additional members each year for a
total of 175,000 members in five years. It will continue to utilize
volunteers to support homeland security functions to help meet our
Nation's new security challenges in a smart, cost-efficient manner. Our
legislation includes strong accountability measures to ensure that the
funds and the volunteers will be devoting themselves to activities and
programs that really make a difference, really work. It expands
opportunities for our seniors to serve, so that as the baby boom
generation retires they can give back to their country.
We stand here today to offer this consensus approach because we know
we have arrived at a critical juncture in the cause of expanding
national service. We are at risk of missing the moment if we don't act.
Frankly, what is called for here is leadership. We are attempting to
provide that today by offering this consensus approach, Republicans and
Democrats, leader of the committee, those of us who are not on the
committee.
But the President must get engaged. He's said all the right things,
now it is important that he do the right thing. If we're going to get a
significant commitment to national service it is going to take more
than lip service, and I hope that he will step forward and provide the
kind of leadership that is necessary before this opportunity slips away
from us.
The moment has not yet passed us. Americans are eager to serve. We
are eager to enact this legislation, put an end to this sad chapter for
national service, and build toward a Nation where the great energies
and good intentions of our citizens are put to productive use.
______
By Mr. LUGAR (by request):
S. 1275. A bill to establish a comprehensive federal program to
provide benefits to U.S. victims of international terrorism, and for
other purposes; to the Committee on Foreign Relations.
Mr. LUGAR. Mr. President, by request, I introduce for appropriate
reference a bill to establish a comprehensive Federal program to
provide benefits to U.S. victims of international terrorism.
This proposed legislation has been requested by the Department of
State, and I am introducing it in order that there may be a specific
bill to which members of the Senate and the public may direct their
attention and comments.
I reserve my right to support or oppose this bill, as well as to make
any suggested amendments to it, when the matter is considered by the
Committee on Foreign Relations.
I ask unanimous consent that the bill be printed in the Record
together with a letter addressed to me from the Assistant Secretary of
State for Legislative Affairs.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 1275
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SEC. 101. SHORT TITLE.
This Act may be cited as the ``Benefits for Victims of
International Terrorism Act of 2003''.
SEC. 102. ESTABLISHMENT OF PROGRAM.
There is established the Benefits for Victims of
International Terrorism Program (``Program'') under which
monetary awards shall be made in accordance with this Act to
eligible individuals who are physically injured, killed, or
held hostage as a result of an act of international
terrorism.
SEC. 103. DEFINITIONS.
In this Act, the following definitions apply:
(a) Act of International Terrorism.--The term ``act of
international terrorism'' means an activity that constitutes
terrorism within the definition provided in Section 2(15) of
the Homeland Security Act of 2002 and that was committed by
foreign nationals for foreign governments (or the agents
thereof) and directed, in whole or in part, at the United
States or at an individual because of the individual's status
as a national of the United States.
(b) Claimant.--The term ``claimant'' means an individual
filing a claim for benefits under this Act. In the case of an
individual who died as the direct result of the act of
international terrorism, any individual who is eligible to
recover under section 107(a) may be a claimant. In the case
of an individual who suffered physical injury or was held
hostage as the direct result of an act of international
terrorism, the claimant shall be the individual who suffered
the physical injury or was held hostage, except that a parent
or legal guardian may file a claim on behalf of an individual
who is less than 18 years of age, incompetent or
incapacitated.
(c) Child.--The term ``child'' shall have the meaning given
to it by 42 U.S.C. 3796b(2).
(d) Department.--The term ``Department'' means the
Department of State.
(e) National of the United States.--The term ``national of
the United States'' has the meaning given in section 101(a)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)).
(f) Physical Injury.--The term ``physical injury'' means an
injury to the body, from a source external to the body, that
directly results in partial or total physical disability,
incapacity, or disfigurement.
(g) United States.--The term ``United States'' means the
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Mariana Islands, the
territories and possession of the United States, the
territorial sea of the United States, and the airspace above
them.
SEC. 104. ADMINISTRATION.
(a) Threshold Determination.--
(1) Upon the occurrence of a terrorist incident, the
Secretary of State, in consultation with the Attorney General
and the Secretaries of Defense, Homeland Security and the
Treasury, shall promptly determine in writing whether an act
of international terrorism as defined in section 103(a) of
this Act has taken place. Any such determination shall be
published in the Federal Register.
(2) The Secretary of State's determination under this
section shall be final and conclusive, and it shall not be
subject to review in any judicial, administrative or other
proceedings.
(b) Adjudication and Payment.--When a threshold
determination set forth in subsection (a) is made, the
Department shall have jurisdiction to receive, examine,
adjudicate, and render final decisions, and pay awards with
respect to claims filed under section 105 in accordance with
the provisions of this Act.
SEC. 105. FILING OF CLAIMS.
(a) In General.--Claims for benefits under the Program
shall be filed with the Department on the form developed
under subsection (b).
(b) Claim Form.--
(1) The Department shall develop a form that claimants
shall use when submitting claims under subsection (a).
(2) The claim form at a minimum shall request--
(A) in the case of a claim filed for a death benefit with
respect to a decedent, information demonstrating the
decedent's death as a direct result of the act of
international terrorism and information demonstrating that
the claimant is eligible to recover under the Act;
(B) in the case of a claim not involving a death,
information demonstrating the physical harm that the claimant
suffered as a direct result of the act of international
terrorism or information demonstrating the period
the claimant was held hostage as a direct result of the
act of international terrorism; and
(C) in the case of a claim filed by a parent or legal
guardian, information demonstrating the claimant's status a
parent or legal guardian.
(3) The claim form shall state clearly and conspicuously
the information contained in section 112(c) of this Act.
SEC. 106. ELIGIBILITY.
(a) In General.--The Department shall review each claim
filed under this Program and determine whether the claimant
is an eligible individual under subsection (b) of this
section or has filed a claim on account of the death of an
eligible individual under subsection (b).
(b) Eligible Individuals.--An eligible individual is a
victim who, as of the date on which the act of international
terrorism occurred,
(1) was a national of the United States; and
(2)(A) died as the direct result of the act of
international terrorism,
(B) suffered physical injury as the direct result of the
act of international terrorism, or
(C) was held hostage as a direct result of an act of
international terrorism and not solely for ransom.
(c) Exclusion for Participants or Conspirators in Acts of
Terrorism.--A participant or conspirator in any act of
international terrorism, or a representative of such
individual, shall not be an eligible individual.
(d) Exclusion for Military Personnel.--This Program does
not apply to any claim arising out of injury, death, or
period as a hostage sustained by a member of the U.S. Armed
Forces while serving on active duty.
(e) September 11th Victim Compensation Fund.--
Notwithstanding any other provision in this Act, no
individual who is or was eligible to recover under the
September 11th Victim Compensation Fund of 2001 shall be
eligible to recover under this Act.
[[Page S8001]]
SEC. 107. NATURE OF AWARDS.
(a) Death Benefits.--In any case in which the Department
determines, under regulations issued pursuant to this Act,
that an eligible individual has died as the direct and
proximate result of an act of international terrorism, the
Department shall award a benefit to the survivor or survivors
in the same manner and the same amount as death benefits are
paid pursuant to the Public Safety Officers' Benefits Program
under subpart 1 of part L of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et
seq.).
(b) Injury or Hostage Benefit.--In the event the claimant
was physically injured or held hostage as a direct result of
an act of international terrorism, the Department shall award
a benefit to the claimant in an amount determined by the
Department up to, but not to exceed, the amount provided for
under the preceding subsection. The Secretary of State may
issue regulations regarding the amount of benefits to be
provided under this subsection for categories of injuries or
for durations of time as a hostage.
(c) No Fault Program.--Awards shall be made without regard
to the negligence or any other theory of liability of the
claimant or of the individual on whose behalf the claimant is
filing a claim.
(d) Reversion of Amounts to the Funds.--If no person is
entitled to receive the amount awarded under the above
subsections, the amount shall revert to the Fund.
SEC. 108. LIMITATIONS ON CLAIMS.
(a) Prohibition on Double Recovery.--No benefit is payable
under this Act with respect to a victim having been injured
or held hostage if a benefit is payable under this Act with
respect to the death of such victim. In the event that a
payment is made under this Act on account of death or period
as a hostage and a death benefit subsequently becomes payable
for the death of the same victim, such death benefit shall be
reduced by amounts previously awarded.
(b) Time Limitation for Filing.--No claim may be filed on
the basis of an act of international terrorism after the date
that is 2 years after the date of publication in the Federal
Register of the relevant determination under section 104(a)
of this Act.
SEC. 109. INTERNATIONAL TERRORISM BEFORE EFFECTIVE DATE.
(a) International Terrorism Before Effective Date.--
Benefits may be awarded under this Act, subject to the
provisions of subsection (b) of this section, to eligible
individuals for acts of international terrorism that took
place before the effective date of this Act and which
occurred on or after November 1, 1979.
(b) Determination.--The Secretary of State, in consultation
with the Attorney General and the Secretaries of Defense,
Homeland Security and the Treasury, shall issue, promptly
upon the request of a claimant potentially covered under
subsection (a), a determination whether an incident that
occurred on or after November 1, 1979, and before the date of
enactment of this Act was an act of international terrorism.
Such requests will be considered only if made within one year
after the date of enactment of this Act. Any such
determination shall be published in the Federal Register.
SEC. 110. AUTHORIZATION.
(a) Authorization.--There is established for the purpose of
providing benefits under this Act a Victims of International
Terrorism Benefits Fund (``Fund''). In addition to amounts
otherwise authorized to be appropriated for the Department of
State, there are authorized to be appropriated to the
Department of State for deposit into the Fund such sums as
may be necessary to pay awards under this Act and to
administer this Program.
(1) Amounts in the Fund shall be available until expended.
(2) Contributions.--The Secretary of State is authorized to
accept such amounts as may be contributed by individuals,
business concerns, foreign governments, or other entities for
the payment of awards certified under this Act and such
amounts may be deposited directly into the Fund.
(3) Unexpended balances of expired appropriations available
to the Department of State may be transferred directly into
the Fund for the payment of awards under this Act and, to the
extent and in such amounts as provided in appropriations
acts, for the costs to administer this Program.
SEC. 111. SUBROGATION.
The United States shall be subrogated, to the extent of the
payments, to any recovery in litigation or settlement of
litigation related to an injury, death, or period of a
hostage for which payment was made under the Program. Any
amounts recovered under this subsection shall be deposited
into the Fund established by section 110(a).
SEC. 112. ADMINISTRATIVE PROVISIONS.
(a) Rule and Procedures.--The Secretary of State may issue
such rules and procedures as may be necessary to carry out
this Act, including rules with respect to choice of law
principles, admitting agents or other persons to
representation before the Department of claimants under this
Act, and the nature and maximum amount of fees that such
agent or other person may charge for such representation.
(b) Acts Committed to Officer's Discretion.--Any action
taken or omitted by an officer of the United States under
this Act is committed to the discretion of such officer.
(c) Civil Actions Against Foreign States.--
(1) A person who by a civil action has obtained and
received full satisfaction of a judgment against a foreign
state or government or its agencies or instrumentalities, or
against the United States or its agencies or
instrumentalities, for death, injury, or period as a hostage
due to an act of international terrorism shall not receive an
award under this Act based on the same act of international
terrorism.
(2) A person who has accepted benefits pursuant to an award
under this Act relating to an act of international terrorism
shall not thereafter commence or maintain in a court of the
United States a civil action based on the same act of
international terrorism against a foreign state or government
or its agencies or instrumentalities or against the United
States or its agencies or instrumentalities.
SEC. 113. NO JUDICIAL REVIEW.
Decisions made under this Act shall not be subject to
review in any judicial, administrative or other proceeding.
SEC. 114. CONFORMING AMENDMENTS.
(a) Section 201 of the Terrorism Risk Insurance Act of 2002
(Public Law 107-297) is amended by adding the following as
new subsection (e):
``(e) Subsection (a) shall not apply to any judgment
obtained pursuant to a complaint filed after [the date of
submission of the Benefits for Victims of International
Terrorism Act of 2003].''
(b) Section 1610(f) of Title 28, United States Code (28
U.S.C. 1610(f)), is amended by adding the following at the
end as new subparagraph (4):
``(4) Subsection (f) shall not apply to any judgment
obtained pursuant to a complaint filed after [the date of
submission of the Benefits for Victims of International
Terrorism Act of 2003].''
____
U.S. Department of State,
Washington, DC, June 5, 2003.
Hon. Richard G. Lugar,
Chairman, Committee on Foreign Relations, U.S. Senate.
Dear Mr. Chairman: We are transmitting for your
consideration a draft bill to establish a program to provide
benefits for United States victims of international
terrorism.
The proposed legislation is based on the following three
principles:
The program should provide the same benefits to those with
low incomes as those with greater means;
Victims should receive compensation as quickly as possible;
and
The amount of compensation should be on par with that
provided to families of public safety officers killed in the
line of duty (currently $262,000).
Thus, the government program should not be designed as the
primary means of compensating victims and victims' families
for their losses, but rather should complement life
insurance, savings, and other private financial measures.
In contrast to a mechanism that uses blocked assets and
rewards those that can secure judgements before such assets
are exhausted, a fund based on the above principles would
provide compensation for all victims fairly and equitably. It
also preserves the President's prerogatives in the area of
foreign affairs.
The proposed fund would be administered within the
Department of State. The legislation includes authorization
for appropriations necessary to compensate victims. In
addition to these costs, a benefits adjudication unit will be
established within the Department soon after enactment.
The Office of Management and Budget advises that there is
no objection from the standpoint of the Administration's
program to the submission of this proposal to Congress.
We urge your support for passage of this legislation, which
provides compensation for U.S. victims of international
terrorism in a fair and rational way.
Sincerely,
Paul V. Kelly,
Assistant Secretary,
Legislative Affairs.
____________________