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Edward M. Kennedy Serve America Act/Title I/Subtitle C

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Subtitle C—Amendments to Subtitle C (National Service Trust Program)

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Sec. 1301. Prohibition on grants to Federal agencies; limits on Corporation costs.

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Section 121 (42 U.S.C. 12571) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by inserting after ``subdivisions of States,´´ the following: ``territories,´´; and
(B) in paragraphs (1) and (2), by striking ``section 122(a)´´ and inserting ``subsection (a), (b), or (c) of section 122´´;
(2) in subsection (b)—
(A) in the heading, by striking ``Agreements With Federal Agencies´´ and inserting ``Restrictions on Agreements With Federal Agencies´´;
(B) by striking paragraph (1) and inserting the following:
``(1) Agreements authorized.—
``The Corporation may enter into an interagency agreement (other than a grant agreement) with another Federal agency to support a national service program carried out or otherwise supported by the agency. The Corporation, in entering into the interagency agreement may approve positions as approved national service positions for a program carried out or otherwise supported by the agency.´´;
(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.´´;
(D) in paragraph (3)—
(i) by striking ``receiving assistance under this subsection´´ and inserting ``carrying out or supporting a national service program´´; and
(ii) by striking ``using such assistance´´ and inserting ``through that program´´;
(E) in paragraph (4), by striking ``a contract or cooperative agreement´´ the first place it appears and inserting ``an interagency agreement´´; and
(F) by adding at the end the following:
``(5) Application of requirements.—
``A requirement under this Act that applies to an entity receiving assistance under section 121 (other than a requirement limited to an entity receiving assistance under section 121(a)) shall be considered to apply to a Federal agency that enters into an interagency agreement under this subsection, even though no Federal agency may receive financial assistance under such an agreement.´´;
(3) in subsection (c)—
(A) in the matter preceding paragraph (1), by striking ``subsections (a) and (b),´´ and inserting ``subsection (a), and in providing approved national service positions under subsection (b),´´; and
(B) in paragraph (2)(B), by striking ``to be provided´´ and inserting ``to be provided or otherwise approved´´;
(4) in paragraphs (1) and (2) of subsection (d), by striking ``or (b)´´;
(5) in subsection (e)—
(A) in paragraph (1), by striking ``Federal share of the cost´´ and inserting ``Corporation share of the cost (including the costs of member living allowances, employment-related taxes, health care coverage, and workers' compensation and other necessary operation costs)´´; and
(B) by adding at the end the following:
``(5) Other Federal funds.—
``(A) Recipient report.—
``A recipient of assistance under this section (other than a recipient of assistance through a fixed-amount grant in accordance with section 129(l)) shall report to the Corporation the amount and source of any Federal funds used to carry out the program for which the assistance is made available other than those provided by the Corporation.
``(B) Corporation report.—
``The Corporation shall report to the authorizing committees on an annual basis information regarding each recipient of such assistance that uses Federal funds other than those provided by the Corporation to carry out such a program, including the amounts and sources of the other Federal funds.´´; and
(6) by adding at the end the following:
``(f) Plan for approved national service positions.—
``The Corporation shall—
``(1) develop a plan to—
``(A) establish the number of the approved national service positions as 88,000 for fiscal year 2010;
``(B) increase the number of the approved positions to—
``(i) 115,000 for fiscal year 2011;
``(ii) 140,000 for fiscal year 2012;
``(iii) 170,000 for fiscal year 2013;
``(iv) 200,000 for fiscal year 2014;
``(v) 210,000 for fiscal year 2015;
``(vi) 235,000 for fiscal year 2016; and
``(vii) 250,000 for fiscal year 2017;
``(C) ensure that the increases described in subparagraph (B) are achieved through an appropriate balance of full- and part-time service positions;
``(2) not later than 1 year after the date of enactment of the Serve America Act, submit a report to the authorizing committees on the status of the plan described in paragraph (1); and
``(3) subject to the availability of appropriations and quality service opportunities, implement the plan described in paragraph (1).´´.

Sec. 1302. Eligible national service programs.

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Section 122 is amended to read as follows:


``SEC. 122. National Service Programs Eligible for Program Assistance.
``(a) National Service Corps.—The recipient of a grant under section 121(a) and a Federal agency operating or supporting a national service program under section 121(b) shall use a portion of the financial assistance or positions involved, directly or through subgrants to other entities, to support or carry out the following national service corps or programs, as full- or part-time corps or programs, to address unmet needs:
``(1) Education Corps.—
``(A) In general.—The recipient may carry out national service programs through an Education Corps that identifies and meets unmet educational needs within communities through activities such as those described in subparagraph (B) and improves performance on the indicators described in subparagraph (C).
``(B) Activities.—An Education Corps described in this paragraph may carry out activities such as—
``(i) tutoring, or providing other academic support to elementary school and secondary school students;
``(ii) improving school climate;
``(iii) mentoring students, including adult or peer mentoring;
``(iv) linking needed integrated services and comprehensive supports with students, their families, and their public schools;
``(v) providing assistance to a school in expanding the school day by strengthening the quality of staff and expanding the academic programming offered in an expanded learning time initiative, a program of a 21st century community learning center (as defined in section 4201 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171)), or a high-quality after-school program;
``(vi) assisting schools and local educational agencies in improving and expanding high-quality service-learning programs that keep students engaged in schools by carrying out programs that provide specialized training to individuals in service-learning, and place the individuals (after such training) in positions as service-learning coordinators, to facilitate service-learning in programs eligible for funding under part I of subtitle B;
``(vii) assisting students in being prepared for college-level work;
``(viii) involving family members of students in supporting teachers and students;
``(ix) conducting a preprofessional training program in which students enrolled in an institution of higher education—
``(I) receive training (which may include classes containing service-learning) in specified fields including early childhood education and care, elementary and secondary education, and other fields such as those relating to health services, criminal justice, environmental stewardship and conservation, or public safety;
``(II) perform service related to such training outside the classroom during the school term and during summer or other vacation periods; and
``(III) agree to provide service upon graduation to meet unmet human, educational, environmental, or public safety needs related to such training;
``(x) assisting economically disadvantaged students in navigating the college admissions process;
``(xi) providing other activities, addressing unmet educational needs, that the Corporation may designate; or
``(xii) providing skilled musicians and artists to promote greater community unity through the use of music and arts education and engagement through work in low-income communities, and education, health care, and therapeutic settings, and other work in the public domain with citizens of all ages.
``(C) Education Corps indicators.—The indicators for a corps program described in this paragraph are—
``(i) student engagement, including student attendance and student behavior;
``(ii) student academic achievement;
``(iii) secondary school graduation rates as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)) and as clarified in applicable regulations promulgated by the Department of Education;
``(iv) rate of college enrollment and continued college enrollment for recipients of a high school diploma;
``(v) any additional indicator relating to improving education for students that the Corporation, in consultation (as appropriate) with the Secretary of Education, establishes; or
``(vi) any additional local indicator (applicable to a particular recipient and on which an improvement in performance is needed) relating to improving education for students, that is approved by the Corporation or a State Commission.
``(2) Healthy Futures Corps.—
``(A) In general.—The recipient may carry out national service programs through a Healthy Futures Corps that identifies and meets unmet health needs within communities through activities such as those described in subparagraph (B) and improves performance on the indicators described in subparagraph (C).
``(B) Activities.—A Healthy Futures Corps described in this paragraph may carry out activities such as—
``(i) assisting economically disadvantaged individuals in navigating the health services system;
``(ii) assisting individuals in obtaining access to health services, including oral health services, for themselves or their children;
``(iii) educating economically disadvantaged individuals and individuals who are members of medically underserved populations about, and engaging individuals described in this clause in, initiatives regarding navigating the health services system and regarding disease prevention and health promotion, with a particular focus on common health conditions, chronic diseases, and conditions, for which disease prevention and health promotion measures exist and for which socioeconomic, geographic, and racial and ethnic health disparities exist;
``(iv) improving the literacy of patients regarding health, including oral health;
``(v) providing translation services at clinics and in emergency rooms to improve health services;
``(vi) providing services designed to meet the health needs of rural communities, including the recruitment of youth to work in health professions in such communities;
``(vii) assisting in health promotion interventions that improve health status, and helping people adopt and maintain healthy lifestyles and habits to improve health status;
``(viii) addressing childhood obesity through in-school and after-school physical activities, and providing nutrition education to students, in elementary schools and secondary schools; or
``(ix) providing activities, addressing unmet health needs, that the Corporation may designate.
``(C) Healthy Futures Corps indicators.—The indicators for a corps program described in this paragraph are—
``(i) access to health services among economically disadvantaged individuals and individuals who are members of medically underserved populations;
``(ii) access to health services for uninsured individuals, including such individuals who are economically disadvantaged children;
``(iii) participation, among economically disadvantaged individuals and individuals who are members of medically underserved populations, in disease prevention and health promotion initiatives, particularly those with a focus on addressing common health conditions, addressing chronic diseases, and decreasing health disparities;
``(iv) literacy of patients regarding health;
``(v) any additional indicator, relating to improving or protecting the health of economically disadvantaged individuals and individuals who are members of medically underserved populations, that the Corporation, in consultation (as appropriate) with the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention, establishes; or
``(vi) any additional local indicator (applicable to a particular recipient and on which an improvement in performance is needed) relating to improving or protecting the health of economically disadvantaged individuals and individuals who are members of medically underserved populations, that is approved by the Corporation or a State Commission.
``(3) Clean Energy Service Corps.—
``(A) In general.—The recipient may carry out national service projects through a Clean Energy Service Corps that identifies and meets unmet environmental needs within communities through activities such as those described in subparagraph (B) and improves performance on the indicators described in subparagraph (C).
``(B) Activities.—A Clean Energy Service Corps described in this paragraph may carry out activities such as—
``(i) weatherizing and retrofitting housing units for low-income households to significantly improve the energy efficiency and reduce carbon emissions of such housing units;
``(ii) building energy-efficient housing units in low-income communities;
``(iii) conducting energy audits for low-income households and recommending ways for the households to improve energy efficiency;
``(iv) providing clean energy-related services designed to meet the needs of rural communities;
``(v) working with schools and youth programs to educate students and youth about ways to reduce home energy use and improve the environment, including conducting service-learning projects to provide such education;
``(vi) assisting in the development of local recycling programs;
``(vii) renewing and rehabilitating national and State parks and forests, city parks, county parks and other public lands, and trails owned or maintained by the Federal Government or a State, including planting trees, carrying out reforestation, carrying out forest health restoration measures, carrying out erosion control measures, fire hazard reduction measures, and rehabilitation and maintenance of historic sites and structures throughout the national park system, and providing trail enhancements, rehabilitation, and repairs;
``(viii) cleaning and improving rivers maintained by the Federal Government or a State;
``(ix) carrying out projects in partnership with the National Park Service, designed to renew and rehabilitate national park resources and enhance services and learning opportunities for national park visitors, and nearby communities and schools;
``(x) providing service through a full-time, year-round youth corps program or full-time summer youth corps program, such as a conservation corps or youth service corps program that—
``(I) undertakes meaningful service projects with visible public benefits, including projects involving urban renewal, sustaining natural resources, or improving human services;
``(II) includes as participants youths and young adults who are age 16 through 25, including out-of-school youth and other disadvantaged youth (such as youth who are aging out of foster care, youth who have limited English proficiency, homeless youth, and youth who are individuals with disabilities), who are age 16 through 25; and
``(III) provides those participants who are youth and young adults with—
``(aa) team-based, highly structured, and adult-supervised work experience, life skills, education, career guidance and counseling, employment training, and support services including mentoring; and
``(bb) the opportunity to develop citizenship values and skills through service to their community and the United States;
``(xi) carrying out other activities, addressing unmet environmental and workforce needs, that the Corporation may designate.
``(C) Clean Energy Service Corps indicators.—The indicators for a corps program described in this paragraph are—
``(i) the number of housing units of low-income households weatherized or retrofitted to significantly improve energy efficiency and reduce carbon emissions;
``(ii) annual energy costs (to determine savings in those costs) at facilities where participants have provided service;
``(iii) the number of students and youth receiving education or training in energy-efficient and environmentally conscious practices;
``(iv)(I) the number of acres of national parks, State parks, city parks, county parks, or other public lands, that are cleaned or improved; and
``(II) the number of acres of forest preserves, or miles of trails or rivers, owned or maintained by the Federal Government or a State, that are cleaned or improved;
``(v) any additional indicator relating to clean energy, the reduction of greenhouse gas emissions, or education and skill attainment for clean energy jobs, that the Corporation, in consultation (as appropriate) with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of the Interior, or the Secretary of Labor, as appropriate, establishes; or
``(vi) any additional local indicator (applicable to a particular recipient and on which an improvement in performance is needed) relating to clean energy, the reduction of greenhouse gas emissions, or education or skill attainment for clean energy jobs, that is approved by the Corporation or a State Commission.
``(4) Veterans Corps.—
``(A) In general.—The recipient may carry out national service programs through a Veterans Corps that identifies and meets unmet needs of veterans and members of the Armed Forces who are on active duty through activities such as those described in subparagraph (B) and improves performance on the indicators described in subparagraph (C).
``(B) Activities.—A Veterans Corps described in this paragraph may carry out activities such as—
``(i) promoting community-based efforts to meet the unique needs of military families while a family member is deployed and upon that family member’s return home;
``(ii) recruiting veterans, particularly returning veterans, into service opportunities, including opportunities that utilize their military experience;
``(iii) assisting veterans in developing their educational opportunities (including opportunities for professional certification, licensure, or credentials), coordinating activities with and assisting State and local agencies administering veterans education benefits, and coordinating activities with and assisting entities administering veterans programs with internships and fellowships that could lead to employment in the private and public sectors;
``(iv) promoting efforts within a community to serve the needs of veterans and members of the Armed Forces who are on active duty, including helping veterans file benefits claims and assisting Federal agencies in providing services to veterans, and sending care packages to Members of the Armed Forces who are deployed;
``(v) assisting veterans in developing mentoring relationships with economically disadvantaged students;
``(vi) developing projects to assist veterans with disabilities, veterans who are unemployed, older veterans, and veterans in rural communities, including assisting veterans described in this clause with transportation; or
``(vii) other activities, addressing unmet needs of veterans, that the Corporation may designate.
``(C) Veterans’ Corps indicators.—The indicators for a corps program described in this paragraph are—
``(i) the number of housing units created for veterans;
``(ii) the number of veterans who pursue educational opportunities;
``(iii) the number of veterans receiving professional certification, licensure, or credentials;
``(iv) the number of veterans engaged in service opportunities;
``(v) the number of military families assisted by organizations while a family member is deployed and upon that family member's return home;
``(vi) the number of economically disadvantaged students engaged in mentoring relationships with veterans;
``(vii) the number of projects designed to meet identifiable public needs of veterans, especially veterans with disabilities, veterans who are unemployed, older veterans, and veterans in rural communities;
``(viii) any additional indicator that relates to education or skill attainment that assists in providing veterans with the skills to address identifiable public needs, or that relates to improving the lives of veterans, of members of the Armed Forces on active duty, and of families of the veterans and the members on active duty, and that the Corporation, in consultation (as appropriate) with the Secretary of Veterans Affairs, establishes; or
``(ix) any additional local indicator (applicable to a particular recipient and on which an improvement in performance is needed) relating to the education or skill attainment, or the improvement, described in clause (viii), that is approved by the Corporation or a State Commission.
``(5) Opportunity corps.—
``(A) In general.—The recipient may carry out national service programs through an Opportunity Corps that identifies and meets unmet needs relating to economic opportunity for economically disadvantaged individuals within communities, through activities such as those described in subparagraph (B) and improves performance on the indicators described in subparagraph (C).
``(B) Activities.—An Opportunity Corps described in this paragraph may carry out activities such as—
``(i) providing financial literacy education to economically disadvantaged individuals, including financial literacy education with regard to credit management, financial institutions including banks and credit unions, and utilization of savings plans;
``(ii) assisting in the construction, rehabilitation, or preservation of housing units, including energy efficient homes, for economically disadvantaged individuals;
``(iii) assisting economically disadvantaged individuals, including homeless individuals, in finding placement in and maintaining housing;
``(iv) assisting economically disadvantaged individuals in obtaining access to health services for themselves or their children;
``(v) assisting individuals in obtaining information about Federal, State, local, or private programs or benefits focused on assisting economically disadvantaged individuals, economically disadvantaged children, or low-income families;
``(vi) facilitating enrollment in and completion of job training for economically disadvantaged individuals;
``(vii) assisting economically disadvantaged individuals in obtaining access to job placement assistance;
``(viii) carrying out a program that seeks to eliminate hunger in low-income communities and rural areas through service in projects—
``(I) involving food banks, food pantries, and nonprofit organizations that provide food during emergencies;
``(II) seeking to address the long-term causes of hunger through education and the delivery of appropriate services;
``(III) providing training in basic health, nutrition, and life skills necessary to alleviate hunger in communities and rural areas; or
``(IV) assisting individuals in obtaining information about federally supported nutrition programs;
``(ix) addressing issues faced by homebound citizens, such as needs for food deliveries, legal and medical services, nutrition information, and transportation;
``(x) implementing an E–Corps program that involves participants who provide services in a community by developing and assisting in carrying out technology programs that seek to increase access to technology and the benefits of technology in such community; and
``(xi) carrying out other activities, addressing unmet needs relating to economic opportunity for economically disadvantaged individuals, that the Corporation may designate.
``(C) Opportunity Corps indicators.—The indicators for a corps program described in this paragraph are—
``(i) the degree of financial literacy among economically disadvantaged individuals;
``(ii) the number of housing units built or improved for economically disadvantaged individuals or low-income families;
``(iii) the number of economically disadvantaged individuals with access to job training and other skill enhancement;
``(iv) the number of economically disadvantaged individuals with access to information about job placement services;
``(v) any additional indicator relating to improving economic opportunity for economically disadvantaged individuals that the Corporation, in consultation (as appropriate) with the Secretary of Health and Human Services, the Secretary of Labor, the Secretary of Housing and Urban Development, and the Secretary of the Treasury, establishes; or
``(vi) any additional local indicator (applicable to a particular recipient and on which an improvement in performance is needed) that is approved by the Corporation or a State Commission.
``(b) National service programs.—
``(1) In general.—The recipient of a grant under section 121(a) and a Federal agency operating or supporting a national service program under section 121(b) may use the financial assistance or positions involved, directly or through subgrants to other entities, to carry out national service programs and model programs under this subsection that are focused on meeting community needs and improve performance on the indicators described in paragraph (3).
``(2) Programs.—The programs may include the following types of national service programs:
``(A) A community service program designed to meet the needs of rural communities, using teams or individual placements to address the development needs of rural communities, including addressing rural poverty, or the need for health services, education, or job training.
``(B) A program—
``(i) that engages participants in public health, emergency and disaster preparedness, and other public safety activities;
``(ii) that may include the recruitment of qualified participants for, and placement of the participants in, positions to be trainees as law enforcement officers, firefighters, search and rescue personnel, and emergency medical service workers; and
``(iii) that may engage Federal, State, and local stakeholders, in collaboration, to organize more effective responses to issues of public health, emergencies and disasters, and other public safety issues.
``(C) A program that seeks to expand the number of mentors for disadvantaged youths and other youths (including by recruiting high school-, and college-age individuals to enter into mentoring relationships), either through—
``(i) provision of direct mentoring services;
``(ii) provision of supportive services to direct mentoring service organizations (in the case of a partnership);
``(iii) the creative utilization of current and emerging technologies to connect youth with mentors; or
``(iv) supporting mentoring partnerships (including statewide and local mentoring partnerships that strengthen direct service mentoring programs) by—
``(I) increasing State resources dedicated to mentoring;
``(II) supporting the creation of statewide and local mentoring partnerships and programs of national scope through collaborative efforts between entities such as local or direct service mentoring partnerships, or units of State or local government; and
``(III) assisting direct service mentoring programs.
``(D) A program—
``(i) in which not less than 75 percent of the participants are disadvantaged youth;
``(ii) that may provide life skills training, employment training, educational counseling, assistance to complete a secondary school diploma or its recognized equivalent, counseling, or a mentoring relationship with an adult volunteer; and
``(iii) for which, in awarding financial assistance and approved national service positions, the Corporation shall give priority to programs that engage retirees to serve as mentors.
``(E) A program—
``(i) that reengages court-involved youth and adults with the goal of reducing recidivism;
``(ii) that may create support systems beginning in correctional facilities; and
``(iii) that may have life skills training, employment training, an education program (including a program to complete a secondary school diploma or its recognized equivalent), educational and career counseling, and postprogram placement services.
``(F) A demonstration program—
``(i) that has as 1 of its primary purposes the recruitment and acceptance of court-involved youth and adults as participants, volunteers, or members; and
``(ii) that may serve any purpose otherwise permitted under this Act.
``(G) A program that provides education or job training services that are designed to meet the needs of rural communities.
``(H) A program that seeks to expand the number of mentors for youth in foster care through—
``(i) the provision of direct academic mentoring services for youth in foster care;
``(ii) the provision of supportive services to mentoring service organizations that directly provide mentoring to youth in foster care, including providing training of mentors in child development, domestic violence, foster care, confidentiality requirements, and other matters related to working with youth in foster care; or
``(iii) supporting foster care mentoring partnerships, including statewide and local mentoring partnerships that strengthen direct service mentoring programs.
``(I) Such other national service programs addressing unmet human, educational, environmental, or public safety needs as the Corporation may designate.
``(3) Indicators.—The indicators for a program described in this subsection are the indicators described in subparagraph (C) of paragraphs (1), (2), (3), (4), or (5) of subsection (a) or any additional local indicator (applicable to a participant or recipient and on which an improvement in performance is needed) relating to meeting unmet community needs, that is approved by the Corporation or a State Commission.
``(c) Program models for service corps.—
``(1) In general.—In addition to any activities described in subparagraph (B) of paragraphs (1) through (5) of subsection (a), and subsection (b)(2), a recipient of a grant under section 121(a) and a Federal agency operating or supporting a national service program under section 121(b) may directly or through grants or subgrants to other entities carry out a national service corps program through the following program models:
``(A) A community corps program that meets unmet health, veteran, and other human, educational, environmental, or public safety needs and promotes greater community unity through the use of organized teams of participants of varied social and economic backgrounds, skill levels, physical and developmental capabilities, ages, ethnic backgrounds, or genders.
``(B) A service program that—
``(i) recruits individuals with special skills or provides specialized preservice training to enable participants to be placed individually or in teams in positions in which the participants can meet such unmet needs; and
``(ii) if consistent with the purposes of the program, brings participants together for additional training and other activities designed to foster civic responsibility, increase the skills of participants, and improve the quality of the service provided.
``(C) A campus-based program that is designed to provide substantial service in a community during the school term and during summer or other vacation periods through the use of—
``(i) students who are attending an institution of higher education, including students participating in a work-study program assisted under part C of title IV of the Higher Education Act of 1965 (42 U.S.C. 2751 et seq.);
``(ii) teams composed of students described in clause (i); or
``(iii) teams composed of a combination of such students and community residents.
``(D) A professional corps program that recruits and places qualified participants in positions—
``(i) as teachers, nurses and other health care providers, police officers, early childhood development staff, engineers, or other professionals providing service to meet human, educational, environmental, or public safety needs in communities with an inadequate number of such professionals;
``(ii) for which the salary may exceed the maximum living allowance authorized in subsection (a)(2) of section 140, as provided in subsection (c) of such section; and
``(iii) that are sponsored by public or private employers who agree to pay 100 percent of the salaries and benefits (other than any national service educational award under subtitle D) of the participants.
``(E) A program that provides opportunities for veterans to participate in service projects.
``(F) A program carried out by an intermediary that builds the capacity of local nonprofit and faith-based organizations to expand and enhance services to meet local or national needs.
``(G) Such other program models as may be approved by the Corporation or a State Commission, as appropriate.
``(2) Program models within corps.—A recipient of financial assistance or approved national service positions for a corps program described in subsection (a) may use the assistance or positions to carry out the corps program, in whole or in part, using a program model described in this subsection. The corps program shall meet the applicable requirements of subsection (a) and this subsection.
``(d) Qualification Criteria To Determine Eligibility.—
``(1) Establishment by corporation.—The Corporation shall establish qualification criteria for different types of national service programs for the purpose of determining whether a particular national service program should be considered to be a national service program eligible to receive assistance or approved national service positions under this subtitle.
``(2) Consultation.—In establishing qualification criteria under paragraph (1), the Corporation shall consult with organizations and individuals with extensive experience in developing and administering effective national service programs or regarding the delivery of veteran services, and other human, educational, environmental, or public safety services, to communities or persons.
``(3) Application to subgrants.—The qualification criteria established by the Corporation under paragraph (1) shall also be used by each recipient of assistance under section 121(a) that uses any portion of the assistance to conduct a grant program to support other national service programs.
``(4) Encouragement of intergenerational components of programs.—The Corporation shall encourage national service programs eligible to receive assistance or approved national service positions under this subtitle to establish, if consistent with the purposes of the program, an intergenerational component of the program that combines students, out-of-school youths, disadvantaged youth, and older adults as participants to provide services to address unmet human, educational, environmental, or public safety needs.
``(e) Priorities for certain corps.—In awarding financial assistance and approved national service positions to eligible entities proposed to carry out the corps described in subsection (a)—
``(1) in the case of a corps described in subsection (a)(2)—
``(A) the Corporation may give priority to eligible entities that propose to provide support for participants who, after completing service under this section, will undertake careers to improve performance on health indicators described in subsection (a)(2)(C); and
``(B) the Corporation shall give priority to eligible entities that propose to carry out national service programs in medically underserved areas (as designated individually, by the Secretary of Health and Human Services as an area with a shortage of personal health services); and
``(2) in the case of a corps described in subsection (a)(3), the Corporation shall give priority to eligible entities that propose to recruit individuals for the Clean Energy Service Corps so that significant percentages of participants in the Corps are economically disadvantaged individuals, and provide to such individuals support services and education and training to develop skills needed for clean energy jobs for which there is current demand or projected future demand.
``(f) National Service Priorities.—
``(1) Establishment.—
``(A) By corporation.—In order to concentrate national efforts on meeting human, educational, environmental, or public safety needs and to achieve the other purposes of this Act, the Corporation, after reviewing the strategic plan approved under section 192A(g)(1,) shall establish, and may periodically alter, priorities regarding the types of national service programs and corps to be assisted under section 129 and the purposes for which such assistance may be used.
``(B) By states.—Consistent with paragraph (4), States shall establish, and through the national service plan process described in section 178(e)(1), periodically alter priorities as appropriate regarding the national service programs to be assisted under section 129(e). The State priorities shall be subject to Corporation review as part of the application process under section 130.
``(2) Notice to applicants.—The Corporation shall provide advance notice to potential applicants of any national service priorities to be in effect under this subsection for a fiscal year. The notice shall specifically include—
``(A) a description of any alteration made in the priorities since the previous notice; and
``(B) a description of the national service programs that are designated by the Corporation under section 133(d)(2) as eligible for priority consideration in the next competitive distribution of assistance under section 121(a).
``(3) Regulations.—The Corporation shall by regulation establish procedures to ensure the equitable treatment of national service programs that—
``(A) receive funding under this subtitle for multiple years; and
``(B) would be adversely affected by annual revisions in such national service priorities.
``(4) Application to subgrants.—Any national service priorities established by the Corporation under this subsection shall also be used by each recipient of funds under section 121(a) that uses any portion of the assistance to conduct a grant program to support other national service programs.
``(g) Consultation on indicators.—The Corporation shall consult with the Secretary of Education, the Secretary of Health and Human Services, the Director of the Centers for Disease Control and Prevention, the Secretary of Energy, the Secretary of Veterans Affairs, the Secretary of the Interior, the Administrator of the Environmental Protection Agency, the Secretary of Labor, the Secretary of Housing and Urban Development, and the Secretary of the Treasury, as appropriate, in developing additional indicators for the corps and programs described in subsections (a) and (b).
``(h) Requirements for tutors.—
``(1) In general.—Except as provided in paragraph (2), the Corporation shall require that each recipient of assistance under the national service laws that operates a tutoring program involving elementary school or secondary school students certifies that individuals serving in approved national service positions as tutors in such program have—
``(A) obtained their high school diplomas; and
``(B) successfully completed pre- and in-service training for tutors.
``(2) Exception.—The requirements in paragraph (1) do not apply to an individual serving in an approved national service position who is enrolled in an elementary school or secondary school and is providing tutoring services through a structured, school-managed cross-grade tutoring program.
``(i) Requirements for tutoring programs.—Each tutoring program that receives assistance under the national service laws shall—
``(1) offer a curriculum that is high quality, research-based, and consistent with the State academic content standards required by section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) and the instructional program of the local educational agency; and
``(2) offer high quality, research-based pre- and in-service training for tutors.
``(j) Citizenship training.—The Corporation shall establish guidelines for recipients of assistance under the national service laws, that are consistent with the principles on which citizenship programs administered by U.S. Citizenship and Immigration Services are based, relating to the promotion of citizenship and civic engagement among participants in approved national service positions and approved summer of service positions, and appropriate to the age, education, and experience of the participants.
``(k) Report.—Not later than 60 days after the end of each fiscal year for which the Corporation makes grants under section 121(a), the Corporation shall prepare and submit to the authorizing committees a report containing—
``(1) information describing how the Corporation allocated financial assistance and approved national service positions among eligible entities proposed to carry out corps and national service programs described in this section for that fiscal year;
``(2) information describing the amount of financial assistance and the number of approved national service positions the Corporation provided to each corps and national service program described in this section for that fiscal year;
``(3) a measure of the extent to which the corps and national service programs improved performance on the corresponding indicators; and
``(4) information describing how the Corporation is coordinating—
``(A) the national service programs funded under this section; with
``(B) applicable programs, as determined by the Corporation, carried out under subtitle B of this title, and part A of title I and parts A and B of title II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq., 5001, 5011) that improve performance on those indicators or otherwise address identified community needs.´´.


Sec. 1303. Types of positions.

[edit]
Section 123 (42 U.S.C. 12573) is amended—
(1) in paragraph (1)—
(A) by striking ``section 122(a)´´ and inserting ``subsection (a), (b), or (c) of section 122´´; and
(B) by striking ``or (b)´´;
(2) in paragraph (2)(A)—
(A) by inserting after ``subdivision of a State,´´ the following: ``a territory,´´; and
(B) by striking ``Federal agency´´ and inserting ``Federal agency (under an interagency agreement described in section 121(b))´´;
(3) in paragraph (4), by striking ``section 122(a)(3)´´ and inserting ``section 122(a)(1)(B)(vi)´´;
(4) in paragraph (5), by inserting ``National´´ before ``Civilian Community Corps´´;
(5) by redesignating paragraph (7) as paragraph (8); and
(6) by inserting after paragraph (6) the following:
``(7) A position involving service in the ServeAmerica Fellowship program carried out under section 198B.´´.


Sec. 1304. Conforming repeal relating to training and technical assistance.

[edit]
Section 125 (42 U.S.C. 12575) is repealed.


Sec. 1305. Assistance to State Commissions; challenge grants.

[edit]
Section 126 (42 U.S.C. 12576) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ``$125,000 and $750,000´´ and inserting ``$250,000 and $1,000,000´´; and
(ii) by striking ``501(a)(4)´´ and inserting ``501(a)(5)´´; 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 agree to provide matching funds from non-Federal sources of not less than $1 for every $1 provided by the Corporation through the grant.
``(3) Alternative.—Notwithstanding paragraph (2), the Chief Executive Officer may permit a State that demonstrates hardship or a new State Commission to meet alternative matching requirements for such a grant as follows:
``(A) First $100,000.—For the first $100,000 of grant funds provided by the Corporation, the State involved shall not be required to provide matching funds.
``(B) Amounts greater than $100,000.—For grant amounts of more than $100,000 and not more than $250,000 provided by the Corporation, the State shall agree to provide matching funds from non-Federal sources of not less than $1 for every $2 provided by the Corporation, in excess of $100,000.
``(C) Amounts greater than $250,000.—For grant amounts of more than $250,000 provided by the Corporation, the State shall agree to provide matching funds from non-Federal sources of not less than $1 for every $1 provided by the Corporation, in excess of $250,000.´´;
(2) by striking subsection (b) and inserting the following:
``(b) Disaster service.—The Corporation may undertake activities, including activities carried out through part A of title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.), to involve programs that receive assistance under the national service laws in disaster relief efforts, and to support, including through mission assignments under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), nonprofit organizations and public agencies responding to the needs of communities experiencing disasters.´´; and
(3) in subsection (c)—
(A) in paragraph (1), by striking ``to national service programs that receive assistance under section 121´´ and inserting ``to programs supported under the national service laws´´; and
(B) by striking paragraph (3) and inserting the following:
``(3) Amount of assistance.—A challenge grant under this subsection may provide, for an initial 3-year grant period, not more than $1 of assistance under this subsection for each $1 in cash raised from private sources by the program supported under the national service laws in excess of amounts required to be provided by the program to satisfy matching funds requirements. After an initial 3-year grant period, a grant under this subsection may provide not more than $1 of assistance under this subsection for each $2 in cash raised from private sources by the program in excess of amounts required to be provided by the program to satisfy matching funds requirements. The Corporation may permit the use of local or State funds under this paragraph in lieu of cash raised from private sources if the Corporation determines that such use would be equitable due to a lack of available private funds at the local level. The Corporation shall establish a ceiling on the amount of assistance that may be provided to a national service program under this subsection.´´.


Sec. 1306. Allocation of assistance to States and other eligible entities.

[edit]
Section 129 (42 U.S.C. 12581) is amended to read as follows:


``SEC. 129. Provision of assistance and approved national service positions.
``(a) One Percent Allotment for Certain Territories.—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 upon approval by the Corporation of an application submitted under section 130. The Corporation shall allot for a grant to each such territory under this subsection 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 all such territories.
``(b) Allotment 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 at least 1 percent for grants to Indian tribes to be allotted by the Corporation on a competitive basis.
``(c) Reservation of approved positions.—The Corporation shall ensure that each individual selected during a fiscal year for assignment as a VISTA volunteer under title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.) or as a participant in the National Civilian Community Corps Program under subtitle E shall receive the national service educational award described in subtitle D if the individual satisfies the eligibility requirements for the award. Funds for approved national service positions required by this paragraph for a fiscal year shall be deducted from the total funding for approved national service positions to be available for distribution under subsections (d) and (e) for that fiscal year.
``(d) Allotment for competitive grants.—
``(1) In general.—Of the funds allocated by the Corporation for provision of assistance under section 121(a) for a fiscal year and subject to section 133(d)(3), the Corporation shall reserve not more than 62.7 percent for grants awarded on a competitive basis to States specified in subsection (e)(1) for national service programs, to nonprofit organizations seeking to operate a national service program in 2 or more of those States, and to Indian tribes.
``(2) Equitable treatment.—In the consideration of applications for such grants, the Corporation shall ensure the equitable treatment of applicants from urban areas, applicants from rural areas, applicants of diverse sizes (as measured by the number of participants served), applicants from States, and applicants from national nonprofit organizations.
``(3) Encore service programs.—In making grants under this subsection for a fiscal year, the Corporation shall make an effort to allocate not less than 10 percent of the financial assistance and approved national service positions provided through the grants for that fiscal year to eligible entities proposing to carry out encore service programs, unless the Corporation does not receive a sufficient number of applications of adequate quality to justify making that percentage available to those eligible entities.
``(4) Corps programs.—In making grants under this subsection for a fiscal year, the Corporation—
``(A) shall select 2 or more of the national service corps described in section 122(a) to receive grants under this subsection; and
``(B) may select national service programs described in section 122(b) to receive such grants.
``(e) Allotment to Certain States on Formula Basis.—
``(1) Grants.—Of the funds allocated by the Corporation for provision of assistance under section 121(a) for a fiscal year, the Corporation shall make a grant to each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico that submits an application under section 130 that is approved by the Corporation.
``(2) Allotments.—The Corporation shall allot for a grant to each such State under this subsection for a fiscal year an amount that bears the same ratio to 35.3 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, in compliance with paragraph (3).
``(3) Minimum amount.—Notwithstanding paragraph (2), the minimum grant made available to each State approved by the Corporation under paragraph (1) for each fiscal year shall be at least $600,000, or 0.5 percent of the amount allocated for the State formula under this subsection for the fiscal year, whichever is greater.
``(f) Effect of Failure To Apply.—If a State or territory fails to apply for, or fails to give notice to the Corporation of its intent to apply for, an allotment under this section, or the Corporation does not approve the application consistent with section 133, the Corporation may use the amount that would have been allotted under this section to the State or territory to—
``(1) make grants (and provide approved national service positions in connection with such grants) to other community-based entities under section 121 that propose to carry out national service programs in such State or territory; and
``(2) make reallotments to other States or territories with approved applications submitted under section 130, from the allotment funds not used to make grants as described in paragraph (1).
``(g) Application Required.—The Corporation shall make an allotment of assistance (including the provision of approved national service positions) to a recipient under this section only pursuant to an application submitted by a State or other applicant under section 130.
``(h) 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 national service educational awards under subtitle D for all eligible participants, the Corporation is authorized to make necessary and reasonable adjustments to program rules.
``(i) Sponsorship of Approved National Service Positions.—
``(1) Sponsorship authorized.—The Corporation may enter into agreements with persons or entities who offer to sponsor national service positions for which the person or entity will be responsible for supplying the funds necessary to provide a national service educational award. 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 this section.
``(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.
``(j) Reservation of Funds for Special Assistance.—
``(1) Reservation.—From amounts appropriated for a fiscal year pursuant to the authorization of appropriations in section 501(a)(2) and allocated to carry out subtitle C and subject to the limitation in such section, the Corporation may reserve such amount as the Corporation considers to be appropriate for the purpose of making assistance available under subsections (b) and (c) of section 126.
``(2) Limitation.—The amount reserved under paragraph (1) for a fiscal year may not exceed $10,000,000.
``(3) Timing.—The Corporation shall reserve such amount, and any amount reserved under subsection (k) from funds appropriated and allocated to carry out subtitle C, before allocating funds for the provision of assistance under any other provision of this subtitle.
``(k) Reservation of Funds To Increase the Participation of Individuals With Disabilities.—
``(1) Reservation.—To make grants 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, and subject to the limitation in paragraph (2), the Chief Executive Officer shall reserve not less than 2 percent from the amounts, appropriated to carry out subtitles C, D, E, and H for each fiscal year.
``(2) Limitation.—The amount reserved under paragraph (1) for a fiscal year may not exceed $20,000,000.
``(3) Remainder.—The Chief Executive Officer may use the funds reserved under paragraph (1), and not distributed to make grants under this subsection for other activities described in section 501(a)(2).
``(l) Authority for fixed-amount grants.—
``(1) In general.—
``(A) Authority.—From amounts appropriated for a fiscal year to provide financial assistance under the national service laws, the Corporation may provide assistance in the form of fixed-amount grants in an amount determined by the Corporation under paragraph (2) rather than on the basis of actual costs incurred by a program.
``(B) Limitation.—Other than fixed-amount grants to support programs described in section 129A, for the 1-year period beginning on the effective date of the Serve America Act, the Corporation may provide assistance in the form of fixed-amount grants to programs that only offer full-time positions.
``(2) Determination of Amount of Fixed-amount Grants.—A fixed-amount grant authorized by this subsection shall be in an amount determined by the Corporation that is—
``(A) significantly less than the reasonable and necessary costs of administering the program supported by the grant; and
``(B) based on an amount per individual enrolled in the program receiving the grant, taking into account—
``(i) the capacity of the entity carrying out the program to manage funds and achieve programmatic results;
``(ii) the number of approved national service positions, approved silver scholar positions, or approved summer of service positions for the program, if applicable;
``(iii) the proposed design of the program;
``(iv) whether the program provides service to, or involves the participation of, disadvantaged youth or otherwise would reasonably incur a relatively higher level of costs; and
``(v) such other factors as the Corporation may consider under section 133 in considering applications for assistance.
``(3) Requirements for grant recipients.—In awarding a fixed-amount grant under this subsection, the Corporation—
``(A) shall require the grant recipient—
``(i) to return a pro rata amount of the grant funds based upon the difference between the number of hours served by a participant and the minimum number of hours for completion of a term of service (as established by the Corporation);
``(ii) to report on the program's performance on standardized measures and performance levels established by the Corporation;
``(iii) to cooperate with any evaluation activities undertaken by the Corporation; and
``(iv) to provide assurances that additional funds will be raised in support of the program, in addition to those received under the national service laws; and
``(B) may adopt other terms and conditions that the Corporation considers necessary or appropriate based on the relative risks (as determined by the Corporation) associated with any application for a fixed-amount grant.
``(4) Other requirements not applicable.—Limitations on administrative costs and matching fund documentation requirements shall not apply to fixed-amount grants provided in accordance with this subsection.
``(5) Rule of construction.—Nothing in this subsection shall relieve a grant recipient of the responsibility to comply with the requirements of chapter 75 of title 31, United States Code, or other requirements of Office of Management and Budget Circular A–133.´´.


Sec. 1307. Additional authority.

[edit]
Part II of subtitle C of title I is amended by inserting after section 129 (42 U.S.C. 12581) the following:


``SEC. 129A. Educational awards only program.
``(a) In General.—From amounts appropriated for a fiscal year to provide financial assistance under this subtitle and consistent with the restriction in subsection (b), the Corporation may, through fixed-amount grants (in accordance with section 129(l)), provide operational support to programs that receive approved national service positions but do not receive funds under section 121(a).
``(b) Limit on Corporation Grant Funds.—The Corporation may provide the operational support under this section for a program in an amount that is not more than $800 per individual enrolled in an approved national service position, or not more than $1,000 per such individual if at least 50 percent of the persons enrolled in the program are disadvantaged youth.
``(c) Inapplicable Provisions.—The following provisions shall not apply to programs funded under this section:
``(1) The limitation on administrative costs under section 121(d).
``(2) The matching funds requirements under section 121(e).
``(3) The living allowance and other benefits under sections 131(e) and 140 (other than individualized support services for participants with disabilities under section 140(f)).´´.


Sec. 1308. State selection of programs.

[edit]
Section 130 (42 U.S.C. 12582) is amended—
(1) in subsection (a)—
(A) by striking ``section 121´´ and inserting ``section 121(a)´´;
(B) by inserting after ``assistance, a State,´´ the following: ``territory,´´; and
(C) by striking ``institution of higher education, or Federal agency´´ and inserting ``or institution of higher education´´;
(2) in subsection (b)—
(A) in paragraph (9), by striking ``section 122(c)´´ and inserting ``section 122(f)´´; and
(B) in paragraph (12), by inserting ``municipalities and governments of counties in which such a community is located,´´ after ``providing services,´´;
(3) in subsection (c)—
(A) in paragraph (1)—
(i) by striking ``jobs or positions´´ and inserting ``proposed positions´´; and
(ii) by striking ``, including´´ and all that follows through the period at the end and inserting a period;
(B) in paragraph (2), by inserting ``proposed´´ before ``minimum´´; and
(C) by adding at the end the following:
``(3) In the case of a nonprofit organization intending to operate programs in 2 or more States, a description of the manner in which and extent to which the organization consulted with the State Commissions of each State in which the organization intends to operate and the nature of the consultation.´´;
(4) in subsection (d)(1)—
(A) in subparagraphs (A) and (B), by striking ``subsection (a) or (b) of section 121´´ and inserting ``section 121(a)´´;
(B) in subparagraph (B), by striking ``section 122(a)´´ and inserting ``subsection (a), (b), or (c) of section 122´´;
(5) by redesignating subsections (d) through (g) as subsections (e) through (h), respectively and inserting after subsection (c) the following:
``(d) Additional Required Application Information.—An application submitted under subsection (a) for programs described in 122(a) shall also contain—
``(1) measurable goals, to be used for annual measurements of the program's performance on 1 or more of the corresponding indicators described in section 122;
``(2) information describing how the applicant proposes to utilize funds to improve performance on the corresponding indicators utilizing participants, including describing the activities in which such participants will engage to improve performance on those indicators;
``(3) information identifying the geographical area in which the eligible entity proposing to carry out the program proposes to use funds to improve performance on the corresponding indicators, and demographic information on the students or individuals, as appropriate, in such area, and statistics demonstrating the need to improve such indicators in such area; and
``(4) if applicable, information on how the eligible entity will work with other community-based entities to carry out activities to improve performance on the corresponding indicators using such funds.´´;
(6) in paragraph (2)(A) of subsection (f) (as so redesignated), by striking ``were selected´´ and inserting ``were or will be selected´´;
(7) in subsection (g) (as so redesignated)—
(A) in paragraph (1), by striking ``a program applicant´´ and inserting ``an applicant´´; and
(B) in paragraph (2)—
(i) in the heading, by striking ``Program applicant´´ and inserting ``Applicant´´;
(ii) in the matter preceding subparagraph (A), by striking ``program applicant´´ and inserting ``applicant´´;
(iii) in subparagraph (A)—
(I) by inserting after ``subdivision of a State,´´ the following: ``territory,´´; and
(II) by striking ``institution of higher education, or Federal agency´´ and inserting ``or institution of higher education´´; and
(iv) in subparagraph (B)—
(I) by inserting after ``subdivision of a State,´´ the following: ``territory,´´; and
(II) by striking ``institution of higher education, or Federal agency´´ and inserting ``or institution of higher education´´; and
(8) by amending subsection (h) (as so redesignated) to read as follows:
``(h) Limitation on same project receiving multiple grants.—Unless specifically authorized by law, the Corporation may not provide more than 1 grant under the national service laws for a fiscal year to support the same project under the national service laws.´´.


Sec. 1309. National service program assistance requirements.

[edit]
Section 131(c) (42 U.S.C. 12583(c)) is amended—
(1) in paragraph (1), by striking subparagraph (A) and inserting the following:
``(A) the community served, the municipality and government of the county (if appropriate) in which the community is located, and potential participants in the program; and´´; and
(2) by striking paragraph (3) and inserting the following:
``(3) in the case of a program that is not funded through a State (including a national service program that a nonprofit organization seeks to operate in 2 or more States), consult with and coordinate activities with the State Commission for each State in which the program will operate, and the Corporation shall obtain confirmation from the State Commission that the applicant seeking assistance under this Act has consulted with and coordinated with the State Commission when seeking to operate the program in that State.´´.


Sec. 1310. Prohibited activities and ineligible organizations.

[edit]
Subtitle C of title I (42 U.S.C. 12571 et seq.) is amended by inserting after section 132 the following:


``SEC. 132A. Prohibited activities and ineligible organizations.
``(a) Prohibited activities.—An approved national service position under this subtitle may not be used for the following activities:
``(1) Attempting to influence legislation.
``(2) Organizing or engaging in protests, petitions, boycotts, or strikes.
``(3) Assisting, promoting, or deterring union organizing.
``(4) Impairing existing contracts for services or collective bargaining agreements.
``(5) Engaging in partisan political activities, or other activities designed to influence the outcome of an election to Federal office or the outcome of an election to a State or local public office.
``(6) Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials.
``(7) Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of proselytization, consistent with section 132.
``(8) Consistent with section 132, providing a direct benefit to any—
``(A) business organized for profit;
``(B) labor union;
``(C) partisan political organization;
``(D) nonprofit organization that fails to comply with the restrictions contained in section 501(c) of the Internal Revenue Code of 1986, except that nothing in this paragraph shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; and
``(E) organization engaged in the religious activities described in paragraph (7), unless the position is not used to support those religious activities.
``(9) Providing abortion services or referrals for receipt of such services.
``(10) Conducting a voter registration drive or using Corporation funds to conduct a voter registration drive.
``(11) Carrying out such other activities as the Corporation may prohibit.
``(b) Ineligibility.—No assistance provided under this subtitle may be provided to any organization that has violated a Federal criminal statute.
``(c) Nondisplacement of employed workers or other volunteers.—A participant in an approved national service position under this subtitle may not be directed to perform any services or duties, or to engage in any activities, prohibited under the nonduplication, nondisplacement, or nonsupplantation requirements relating to employees and volunteers in section 177.´´.


Sec. 1311. Consideration of applications.

[edit]
Section 133 (42 U.S.C. 12585) is amended—
(1) in subsection (b)(2)(B), by striking ``jobs or´´;
(2) in subsection (d)—
(A) in paragraph (2)—
(i) in the matter preceding subparagraph (A)—
(I) by striking ``section 122(a)´´ and inserting ``subsection (a), (b), or (c) of section 122´´; and
(II) by striking ``section 129(d)(2)´´ and inserting ``section 129(d)´´;
(ii) by striking subparagraphs (A) through (G) and inserting the following:
``(A) national service programs that—
``(i) conform to the national service priorities in effect under section 122(f);
``(ii) are innovative; and
``(iii) are well established in 1 or more States at the time of the application and are proposed to be expanded to additional States using assistance provided under section 121;
``(B) grant programs in support of other national service programs if the grant programs are to be conducted by nonprofit organizations with demonstrated and extensive expertise in the provision of services to meet human, educational, environmental, or public safety needs; and
``(C) professional corps programs described in section 122(c)(1)(D).´´; and
(B) in paragraph (3), by striking ``section 129(d)(2)´´ and inserting ``section 129(d)´´;
(3) in subsection (e), by striking ``subsections (a) and (d)(1) of section 129´´ and inserting ``subsections (d) and (e) of section 129´´;
(4) in subsection (f)—
(A) in paragraph (1), by striking ``section 129(a)(1)´´ and inserting ``section 129(e)´´; and
(B) in paragraph (3)—
(i) by striking ``section 129(a)´´ and inserting ``section 129(e)´´; and
(ii) by striking ``paragraph (3) of such subsection´´ and inserting ``section 129(f)´´;
(5) by redesignating subsection (f) as subsection (g); and
(6) by inserting after subsection (e) the following:
``(f) Views of State Commission.—In making competitive awards under section 129(d), the Corporation shall solicit and consider the views of a State Commission regarding any application for assistance to carry out a national service program within the State.´´.


Sec. 1312. Description of participants.

[edit]
Section 137 (42 U.S.C. 12591) is amended—
(1) in subsection (a)—
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively;
(2) in subsection (b)—
(A) in the matter preceding paragraph (1), by striking ``section 122(a)(2) or a program described in section 122(a)(9)´´ and inserting ``section 122(a)(3)(B)(x)´´; and
(B) in paragraph (1), by striking ``paragraph (4)´´ and inserting ``paragraph (3)´´; and
(3) in subsection (c), by striking ``(a)(5)´´ and inserting ``(a)(4)´´.


Sec. 1313. Selection of national service participants.

[edit]
Section 138 (42 U.S.C. 12592) is amended—
(1) in subsection (a), by striking ``conducted by the State´´ and all that follows through ``or other entity´´ and inserting ``conducted by the entity´´; and
(2) in subsection (e)(2)(C), by inserting before the semicolon at the end the following: ``, particularly those who were considered, at the time of their service, disadvantaged youth´´.


Sec. 1314. Terms of service.

[edit]
Section 139 (42 U.S.C. 12593) is amended—
(1) 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 through the period at the end and inserting ``during a period of not more than 2 years.´´; and
(C) by adding at the end the following:
``(4) Extension of term for disaster purposes.—
``(A) Extension.—An individual in an approved national service position performing service directly related to disaster relief efforts may continue in a term of service for a period of 90 days beyond the period otherwise specified in, as appropriate, this subsection or section 153(d) or in section 104 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4954).
``(B) Single term of service.—A period of service performed by an individual in an originally-agreed to term of service and service performed under this paragraph shall constitute a single term of service for purposes of subsections (b)(1) and (c) of section 146.
``(C) Benefits.—An individual performing service under this paragraph may continue to receive a living allowance and other benefits under section 140 but may not receive an additional national service educational award under section 141.´´; and
(2) in subsection (c)—
(A) in paragraph (1)(A), by striking ``as demonstrated by the participant´´ and inserting ``as determined by the organization responsible for granting the release, if the participant has otherwise performed satisfactorily and has completed at least 15 percent of the term of service´´; and
(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
(ii) in subparagraph (B), by striking ``to allow return to the program with which the individual was serving in order´´.


Sec. 1315. Adjustments to living allowance.

[edit]
Section 140 (42 U.S.C. 12594) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ``paragraph (3)´´ and inserting ``paragraphs (2) and (3)´´;
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as paragraph (2);
(D) by inserting after paragraph (2) (as so redesignated) the following:
``(3) Federal work-study students.—The living allowance that may be provided under paragraph (1) to an individual whose term of service includes hours for which the individual receives a Federal work-study award under part C of title IV of the Higher Education Act of 1965 (42 U.S.C. 2751 et seq.) shall be reduced by the amount of the individual's Federal work study award.´´; and
(E) in paragraph (4), by striking ``a reduced term of service under section 139(b)(3)´´ and inserting ``a term of service that is less than 12 months´´;
(2) in subsection (b), by striking ``shall include an amount sufficient to cover 85 percent of such taxes´´ and all that follows through the period at the end and inserting ``may be used to pay the taxes described in this subsection.´´;
(3) in subsection (c)—
(A) in the matter preceding paragraph (1)—
(i) by striking ``section 122(a)(8)´´ and inserting ``section 122(c)(1)(D)´´; and
(ii) by striking ``subsection (a)(3)´´ and inserting ``subsection (a)(2)´´;
(B) in paragraph (1), by adding ``and´´ at the end;
(C) by striking paragraph (2); and
(D) by redesignating paragraph (3) as paragraph (2);
(4) in subsection (d)—
(A) in paragraph (1)—
(i) by striking ``shall provide´´ and inserting ``shall provide or make available´´; and
(ii) by striking the second sentence; and
(B) in paragraph (2), by striking ``provide from its own funds´´ and inserting ``provide from its own funds or make available´´; and
(5) by striking subsections (g) and (h).