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

Subtitle F—Amendments to Subtitle F (Administrative Provisions)

Sec. 1601. Family and medical leave.

Section 171(a)(1) (42 U.S.C. 12631(a)(1)) is amended by striking ``with respect to a project´´ and inserting ``with respect to a project authorized under the national service laws´´.

Sec. 1602. Reports.

Section 172 (42 U.S.C. 12632) is amended—

(1) in subsection (b)(1), by striking ``appropriate authorizing and appropriations Committees of Congress´´ and inserting ``authorizing committees, the Committee on Appropriations of the House of Representatives, and the Committee on Appropriations of the Senate´´; and

(2) in subsection (c)(2), by striking ``the appropriate committees of Congress´´ and inserting ``the authorizing committees, the Committee on Armed Services of the House of Representatives, and the Committee on Armed Services of the Senate´´.

Sec. 1603. Use of funds.

Section 174 (42 U.S.C. 12634) is amended by adding at the end the following:

``(d) Referrals for Federal assistance.—A program may not receive assistance under the national service laws for the sole purpose of referring individuals to Federal assistance programs or State assistance programs funded in part by the Federal Government.´´.

Sec. 1604. Notice, hearing, and grievance procedures.

Section 176 (42 U.S.C. 12636) is amended—

(1) in subsection (a)(2)(A), by striking ``30 days´´ and inserting ``1 or more periods of 30 days not to exceed a total of 90 days´´; and

(2) 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) in a case in which the grievance is 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 service applicable to the individual; and´´.

Sec. 1605. 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´´;

(2) in subsection (b)(1), by striking ``employee or position´´ and inserting ``employee, position, or volunteer (other than a participant under the national service laws)´´; and

(3) by adding at the end the following:

``(f) Parental involvement.—

``(1) In general.—Programs that receive assistance under the national service laws shall consult with the parents or legal guardians of children in developing and operating programs that include and serve children.

``(2) Parental permission.—Programs that receive assistance under the national service laws shall, before transporting minor children, provide the children's parents with the reason for the transportation and obtain the parents' written permission for such transportation, consistent with State law.´´.

Sec. 1606. State Commissions on National and Community Service.

Section 178 (42 U.S.C. 12638) is amended—

(1) in subsection (a)(2), by striking ``sections 117B and 130´´ and inserting ``section 130´´;

(2) in subsection (c)(1)—

(A) in subparagraph (I), by striking ``section 122(a)´´ and all that follows through the period at the end and inserting ``subsection (a), (b), or (c) of section 122.´´; and

(B) by adding at the end the following:

``(J) A representative of the volunteer sector.´´;

(3) in subsection (c)(3), by striking ``, unless the State permits the representative to serve as a voting member of the State Commission or alternative administrative entity´´;

(4) in subsection (d)(6)(B), by striking ``section 193A(b)(11)´´ and inserting ``section 193A(b)(12)´´;

(5) in subsection (e)—

(A) by striking paragraph (1) and inserting the following:

``(1) Preparation of a national service plan for the State that—

``(A) 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 the private sector, organizations, and public agencies, using 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 of the State;

``(D) includes measurable goals and outcomes for the State national service programs in the State consistent with the performance levels for national service programs as described in section 179(k);

``(E) ensures outreach to diverse community-based agencies that serve underrepresented populations, through established networks and registries at the State level, or through the development of such networks and registries;

``(F) provides for effective coordination of funding applications submitted by the State and other organizations within the State under the national service laws;

``(G) is updated annually, reflecting changes in practices and policies that will improve the coordination and effectiveness of Federal, State, and local resources for service and volunteerism within the State;

``(H) ensures outreach to, and coordination with, municipalities (including large cities) and county governments regarding the national service laws; and

``(I) contains such information as the State Commission considers to be appropriate or as the Corporation may require.´´; and

(B) in paragraph (2), by striking ``sections 117B and 130´´ and inserting ``section 130´´;

(6) by redesignating subsections (f) through (j) as subsections (h) through (l), respectively; and

(7) by inserting after subsection (e) the following:

``(f) Relief From Administrative Requirements.—Upon approval of a State plan submitted under subsection (e)(1), the Chief Executive Officer may waive for the State, or specify alternatives for the State to, administrative requirements (other than statutory provisions) otherwise applicable to grants made to States under the national service laws, including those requirements identified by the State as impeding the coordination and effectiveness of Federal, State, and local resources for service and volunteerism within the State.

``(g) State service plan for adults age 55 or older.—

``(1) In general.—Notwithstanding any other provision of this section, to be eligible to receive a grant or allotment under subtitle B or C or to receive a distribution of approved national service positions under subtitle C, a State shall work with appropriate State agencies and private entities to develop a comprehensive State service plan for service by adults age 55 or older.

``(2) Matters included.—The State service plan shall include—

``(A) recommendations for policies to increase service for adults age 55 or older, including how to best use such adults as sources of social capital, and how to utilize their skills and experience to address community needs;

``(B) recommendations to the State agency (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)) on—

``(i) a marketing outreach plan to businesses; and

``(ii) outreach to—

``(I) nonprofit organizations;

``(II) the State educational agency;

``(III) institutions of higher education; and

``(IV) other State agencies;

``(C) recommendations for civic engagement and multigenerational activities, such as—

``(i) early childhood education and care, family literacy, and after school programs;

``(ii) respite services for adults age 55 or older and caregivers; and

``(iii) transitions for older adults age 55 or older to purposeful work in their post-career lives; and

``(D) recommendations for encouraging the development of Encore service programs in the State.

``(3) Knowledge base.—The State service plan shall incorporate the current knowledge base (as of the time of the plan) regarding—

``(A) the economic impact of the roles of workers age 55 or older in the economy;

``(B) the social impact of the roles of such workers in the community; and

``(C) the health and social benefits of active engagement for adults age 55 or older.

``(4) Publication.—The State service plan shall be made available to the public and be transmitted to the Chief Executive Officer.´´.

Sec. 1607. Evaluation and accountability.

Section 179 (42 U.S.C. 12639) is amended—

(1) by amending subsection (a) to read as follows:

``(a) In general.—The Corporation shall provide, directly or through grants or contracts, for the continuing evaluation of programs that receive assistance under the national service laws, including evaluations that measure the impact of such programs, to determine—

``(1) the effectiveness of programs receiving assistance under the national service laws in achieving stated goals and the costs associated with such programs, including an evaluation of each such program's performance based on the performance levels established under subsection (k); and

``(2) the effectiveness of the structure and mechanisms for delivery of services, such as the effective utilization of the participants’ time, the management of the participants, and the ease with which recipients were able to receive services, to maximize the cost effectiveness and the impact of such programs.´´;

(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 through the period at the end and inserting ``to engage in service that benefits the community.´´;

(3) in the matter preceding subparagraph (A) of subsection (i)(2), by striking ``Congress´´ and inserting ``the authorizing committees´´; and

(4) by adding at the end the following:

``(j) Reserved Program Funds for Accountability.—Notwithstanding any other provision of law, in addition to amounts appropriated to carry out this section, the Corporation may reserve not more than 1 percent of the total funds appropriated for a fiscal year under section 501 of this Act and sections 501 and 502 of the Domestic Volunteer Service Act of 1973 to support program accountability activities under this section.

``(k) Performance levels.—The Corporation shall, in consultation with each recipient of assistance under the national service laws, establish performance levels for such recipient to meet during the term of the assistance. The performance levels may include, for each national service program carried out by the recipient, performance levels based on the following performance measures:

``(1) Number of participants enrolled in the program and completing terms of service, as compared to the stated participation and retention goals of the program.

``(2) Number of volunteers recruited from the community in which the program was implemented.

``(3) If applicable based on the program design, the number of individuals receiving or benefitting from the service conducted.

``(4) Number of disadvantaged and underrepresented youth participants.

``(5) Measures of the sustainability of the program and the projects supported by the program, including measures to ascertain the level of community support for the program or projects.

``(6) Measures to ascertain the change in attitude toward civic engagement among the participants and the beneficiaries of the service.

``(7) Other quantitative and qualitative measures as determined to be appropriate by the recipient of assistance and the Corporation.

``(l) Corrective action plans.—

``(1) In general.—A recipient of assistance under the national service laws that fails, as determined by the Corporation, to meet or exceed the performance levels agreed upon under subsection (k) for a national service program, shall reach an agreement with the Corporation on a corrective action plan to meet such performance levels.

``(2) Assistance.—

``(A) New program.—For a program that has received assistance under the national service laws for less than 3 years and for which the recipient is failing to meet or exceed the performance levels agreed upon under subsection (k), the Corporation shall—

``(i) provide technical assistance to the recipient to address targeted performance problems relating to the performance levels for the program; and

``(ii) require the recipient to submit quarterly reports on the program’s progress toward meeting the performance levels for the program to the—

``(I) appropriate State, territory, or Indian tribe; and

``(II) the Corporation.

``(B) Established programs.—For a program that has received assistance under the national service laws for 3 years or more and for which the recipient is failing to meet or exceed the performance levels agreed upon under subsection (k), the Corporation shall require the recipient to submit quarterly reports on the program’s progress toward the performance levels for the program to—

``(i) the appropriate State, territory, or Indian tribe; and

``(ii) the Corporation.

``(m) Failure To meet performance levels.—If, after a period for correction as approved by the Corporation in accordance with subsection (l), a recipient of assistance under the national service laws fails to meet or exceed the performance levels for a national service program, the Corporation shall—

``(1) reduce the annual amount of the assistance received by the underperforming recipient by at least 25 percent, for each remaining year of the grant period for that program; or

``(2) terminate assistance to the underperforming recipient for that program, in accordance with section 176(a).

``(n) Reports.—The Corporation shall submit to the authorizing committees not later than 2 years after the date of enactment of the Serve America Act, and annually thereafter, a report containing information on the number of—

``(1) recipients of assistance under the national service laws implementing corrective action plans under subsection (l)(1);

``(2) recipients for which the Corporation provides technical assistance for a program under subsection (l)(2)(A)(i);

``(3) recipients for which the Corporation terminates assistance for a program under subsection (m);

``(4) entities whose application for assistance under a national service law was rejected; and

``(5) recipients meeting or exceeding their performance levels under subsection (k).´´.

Sec. 1608. Civic Health Assessment.

(a) In general.—Subtitle F of title I (42 U.S.C. 12631 et seq.), as amended by this subtitle, is further amended by inserting after section 179 the following:

``SEC. 179A. Civic Health Assessment and volunteering research and evaluation.

``(a) Definition of partnership.—In this section, the term ‘partnership’ means the Corporation, acting in conjunction with (consistent with the terms of an agreement entered into between the Corporation and the National Conference) the National Conference on Citizenship referred to in section 150701 of title 36, United States Code, to carry out this section.

``(b) In general.—The partnership shall facilitate the establishment of a Civic Health Assessment by—

``(1) after identifying public and private sources of civic health data, selecting a set of civic health indicators, in accordance with subsection (c), that shall comprise the Civic Health Assessment;

``(2) obtaining civic health data relating to the Civic Health Assessment, in accordance with subsection (d); and

``(3) conducting related analyses, and reporting the data and analyses, as described in paragraphs (4) and (5) of subsection (d) and subsections (e) and (f).

``(c) Selection of indicators for Civic Health Assessment.—

``(1) Identifying sources.—The partnership shall select a set of civic health indicators that shall comprise the Civic Health Assessment. In making such selection, the partnership—

``(A) shall identify public and private sources of civic health data;

``(B) shall explore collaborating with other similar efforts to develop national indicators in the civic health domain; and

``(C) may sponsor a panel of experts, such as one convened by the National Academy of Sciences, to recommend civic health indicators and data sources for the Civic Health Assessment.

``(2) Technical advice.—At the request of the partnership, the Director of the Bureau of the Census and the Commissioner of Labor Statistics shall provide technical advice to the partnership on the selection of the indicators for the Civic Health Assessment.

``(3) Updates.—The partnership shall periodically evaluate and update the Civic Health Assessment, and may expand or modify the indicators described in subsection (d)(1) as necessary to carry out the purposes of this section.

``(d) Data on the indicators.—

``(1) Sponsored data collection.—In identifying the civic health indicators for the Civic Health Assessment, and obtaining data for the Assessment, the partnership may sponsor the collection of data for the Assessment or for the various civic health indicators being considered for inclusion in the Assessment, including indicators related to—

``(A) volunteering and community service;

``(B) voting and other forms of political and civic engagement;

``(C) charitable giving;

``(D) connecting to civic groups and faith-based organizations;

``(E) interest in employment, and careers, in public service in the nonprofit sector or government;

``(F) understanding and obtaining knowledge of United States history and government; and

``(G) social enterprise and innovation.

``(2) Data from statistical agencies.—The Director of the Bureau of the Census and the Commissioner of Labor Statistics shall collect annually, to the extent practicable, data to inform the Civic Health Assessment, and shall report data from such collection to the partnership. In determining the data to be collected, the Director and the Commissioner shall examine privacy issues, response rates, and other relevant issues.

``(3) Sources of data.—To obtain data for the Civic Health Assessment, the partnership shall consider—

``(A) data collected through public and private sources; and

``(B) data collected by the Bureau of the Census, through the Current Population Survey, or by the Bureau of Labor Statistics, in accordance with paragraph (2).

``(4) Demographic characteristics.—The partnership shall seek to obtain data for the Civic Health Assessment that will permit the partnership to analyze the data by age group, race and ethnicity, education level, and other demographic characteristics of the individuals involved.

``(5) Other issues.—In obtaining data for the Civic Health Assessment, the partnership may also obtain such information as may be necessary to analyze—

``(A) the role of Internet technology in strengthening and inhibiting civic activities;

``(B) the role of specific programs in strengthening civic activities;

``(C) the civic attitudes and activities of new citizens and immigrants; and

``(D) other areas related to civic activities.

``(e) Reporting of data.—

``(1) In general.—The partnership shall, not less often than once each year, prepare a report containing—

``(A) detailed data obtained under subsection (d), including data on the indicators comprising the Civic Health Assessment; and

``(B) the analyses described in paragraphs (4) and (5) of subsection (d), to the extent practicable based on the data the partnership is able to obtain.

``(2) Aggregation and presentation.—The partnership shall, to the extent practicable, aggregate the data on the civic health indicators comprising the Civic Health Assessment by community, by State, and nationally. The report described in paragraph (1) shall present the aggregated data in a form that enables communities and States to assess their civic health, as measured on each of the indicators comprising the Civic Health Assessment, and compare those measures with comparable measures of other communities and States.

``(3) Submission.—The partnership shall submit the report to the authorizing committees, and make the report available to the general public on the Corporation's website.

``(f) Public input.—The partnership shall—

``(1) identify opportunities for public dialogue and input on the Civic Health Assessment; and

``(2) hold conferences and forums to discuss the implications of the data and analyses reported under subsection (e).

``(g) Volunteering research and evaluation.—

``(1) Research.—The partnership shall provide for baseline research and tracking of domestic and international volunteering, and baseline research and tracking related to relevant data on the indicators described in subsection (d). In providing for the research and tracking under this subsection, the partnership shall consider data from the Supplements to the Current Populations Surveys conducted by the Bureau of the Census for the Bureau of Labor Statistics, and data from other public and private sources, including other data collected by the Bureau of the Census and the Bureau of Labor Statistics.

``(2) Impact research and evaluation.—The partnership shall sponsor an independent evaluation of the impact of domestic and international volunteering, including an assessment of best practices for such volunteering, and methods of improving such volunteering through enhanced collaboration among—

``(A) entities that recruit, manage, support, and utilize volunteers;

``(B) institutions of higher education; and

``(C) research institutions.

``(h) Database prohibition.—Nothing in this Act shall be construed to authorize the development, implementation, or maintenance of a Federal database of personally identifiable information on individuals participating in data collection for sources of information under this section.´´.

Sec. 1609. Contingent extension.

Section 181 (42 U.S.C. 12641) is amended by striking ``Section 414´´ and inserting ``Section 422´´.

Sec. 1610. Partnerships with schools.

Section 182(b) (42 U.S.C. 12642(b)) is amended to read as follows:

``(b) Report.—

``(1) Federal agency submission.—The head of each Federal agency and department shall prepare and submit to the Corporation a report concerning the implementation of this section, including an evaluation of the agency or department's performance on performance goals and benchmarks for each partnership program of the agency or department.

``(2) Report to Congress.—The Corporation shall prepare and submit to the authorizing committees a compilation of the information received under paragraph (1).´´.

Sec. 1611. Rights of access, examination, and copying.

Section 183 (42 U.S.C. 12643) is amended—

(1) in subsection (a)—

(A) in the matter preceding paragraph (1), by striking ``The´´ and inserting ``Consistent with otherwise applicable law, the´´; and

(B) in paragraph (1), by inserting ``territory,´´ after ``local government,´´;

(2) in subsection (b)—

(A) in the matter preceding paragraph (1), by striking ``The´´ and inserting ``Consistent with otherwise applicable law, the´´; and

(B) in paragraph (1), by inserting ``territory´´ after ``local government,´´; and

(3) by adding at the end the following:

``(c) Inspector General.—Consistent with otherwise applicable law, the Inspector General of the Corporation shall have access to, and the right to examine and copy, any books, documents, papers, records, and other recorded information in any form—

``(1) within the possession or control of the Corporation or any State or local government, territory, Indian tribe, or public or private nonprofit organization receiving assistance directly or indirectly under the national service laws; and

``(2) that relates to—

``(A) such assistance; and

``(B) the duties of the Inspector General under the Inspector General Act of 1978 (5 U.S.C. App.).´´.

Sec. 1612. 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.

``(a) In general.—To promote efficiency and eliminate duplicative requirements, the Corporation shall consolidate or modify application procedures and reporting requirements for programs, projects, and activities funded under the national service laws.

``(b) Report to Congress.—Not later than 18 months after the effective date of the Serve America Act, the Corporation shall submit to the authorizing committees a report containing information on the actions taken to consolidate or modify the application procedures and reporting requirements for programs, projects, and activities funded under the national service laws, including a description of the procedures for consultation with recipients of the funding.

``SEC. 186. Sustainability.

``The Corporation, after consultation with State Commissions and recipients of assistance, may set sustainability goals for projects or programs under the national service laws, so that recipients of assistance under the national service laws are carrying out sustainable projects or programs. Such sustainability goals shall be in writing and shall be used—

``(1) to build the capacity of the projects or programs that receive assistance under the national service laws to meet community needs;

``(2) in providing technical assistance to recipients of assistance under the national service laws regarding acquiring and leveraging non-Federal funds for support of the projects or programs that receive such assistance; and

``(3) to determine whether the projects or programs, receiving such assistance, are generating sufficient community support.

``SEC. 187. Grant periods.

``Unless otherwise specifically provided, the Corporation has authority to award a grant or contract, or enter into a cooperative agreement, under the national service laws for a period of 3 years.

``SEC. 188. Generation of volunteers.

In making decisions on applications for assistance or approved national service positions under the national service laws, the Corporation shall take into consideration the extent to which the applicant’s proposal will increase the involvement of volunteers in meeting community needs. In reviewing the application for this purpose, the Corporation may take into account the mission of the applicant.

``SEC. 189. 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 program authorized under the national service laws, for supporting individuals serving in approved national service positions, may not exceed $18,000 per full-time equivalent position.

``(b) Costs Subject to Limitation.—The limitation under subsection (a), and the increased limitation under subsection (e)(1), shall apply to the Corporation’s share of the member support costs, staff costs, and other costs to operate a program authorized under the national service laws incurred, by the recipient of the grant.

``(c) Costs Not Subject to Limitation.—The limitation under subsection (a), and the increased limitation under subsection (e)(1), shall not apply to expenses under a grant authorized under the national service laws to operate a program that are not included in the grant award for operating the program.

``(d) Adjustments for Inflation.—The amounts specified in subsections (a) and (e)(1) shall be adjusted each year after 2008 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 increase the limitation under subsection (a) to not more than $19,500 per full-time equivalent position if necessary to meet the compelling needs of a particular program, such as—

``(A) exceptional training needs for a program serving disadvantaged youth;

``(B) the need to pay for increased costs relating to the participation of individuals with disabilities;

``(C) the needs of tribal programs or programs located in the territories; and

``(D) the need to pay for start-up costs associated with a first-time recipient of assistance under a program of the national service laws.

``(2) Reports.—The Chief Executive Officer shall report to the authorizing committees annually on all limitations increased under this subsection, with an explanation of the compelling needs justifying such increases.

``SEC. 189A. Matching funds for severely economically distressed communities.

``(a) In general.—Notwithstanding any other provision of law, a severely economically distressed community that receives assistance from the Corporation for any program under the national service laws shall not be subject to any requirements to provide matching funds for any such program, and the Federal share of such assistance for such a community may be 100 percent.

``(b) Severely economically distressed community.—For the purposes of this section, the term ‘severely economically distressed community’ means—

``(1) an area that has a mortgage foreclosure rate, home price decline, and unemployment rate all of which are above the national average for such rates or level, for the most recent 12 months for which satisfactory data are available; or

``(2) a residential area that lacks basic living necessities, such as water and sewer systems, electricity, paved roads, and safe, sanitary housing.

``SEC. 189B. Audits and reports.

``The Corporation shall comply with applicable audit and reporting requirements as provided in the Chief Financial Officers Act of 1990 (31 U.S.C. 901 note; Public Law 101–576) and chapter 91 of title 31, United States Code (commonly known as the ‘Government Corporation Control Act’). The Corporation shall report to the authorizing committees any failure to comply with such requirements.

``SEC. 189C. Restrictions on Federal Government and use of Federal funds.

``(a) General prohibition.—Nothing in the national service laws shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school's curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act.

``(b) Prohibition on endorsement of curriculum.—Notwithstanding any other prohibition of Federal law, no funds provided to the Corporation under this Act may be used by the Corporation to endorse, approve, or sanction any curriculum designed to be used in an elementary school or secondary school.

``(c) Prohibition on requiring Federal approval or certification standards.—Notwithstanding any other provision of Federal law, not State shall be required to have academic content or student academic achievement standards approved or certified by the Federal Government, in order to receive assistance under this Act.

``SEC. 189D. Criminal history checks.

``(a) In general.—Each entity selecting individuals to serve in a position in which the individuals receive a living allowance, stipend, national service educational award, or salary through a program receiving assistance under the national service laws, shall, subject to regulations and requirements established by the Corporation, conduct criminal history checks for such individuals.

``(b) Requirements.—A criminal history check under subsection (a) shall, except in cases approved for good cause by the Corporation, include—

``(1) a name-based search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); and

``(2)(A) a search of the State criminal registry or repository in the State in which the program is operating and the State in which the individual resides at the time of application; or

``(B) submitting fingerprints to the Federal Bureau of Investigation for a national criminal history background check.

``(c) Eligibility prohibition.—An individual shall be ineligible to serve in a position described under subsection (a) if such individual—

``(1) refuses to consent to the criminal history check described in subsection (b);

``(2) makes a false statement in connection with such criminal history check;

``(3) is registered, or is required to be registered, on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); or

``(4) has been convicted of murder, as described in section 1111 of title 18, United States Code.´´.

Sec. 1613. Availability of assistance.

(a) Amendment.—Subtitle F of title I is further amended by inserting after section 184 the following:

``SEC. 184A. Availability of assistance.

``A reference in subtitle C, D, E, or H of title I regarding an entity eligible to receive direct or indirect assistance to carry out a national service program shall include a non-profit organization promoting competitive and non-competitive sporting events involving individuals with disabilities (including the Special Olympics), which enhance the quality of life for individuals with disabilities.´´.

Sec. 1614. Criminal history checks for individuals working with vulnerable populations.

(a) Amendment.—Section 189D, as added by section 1612, is further amended by adding at the end the following:

``(d) Special rule for individuals working with vulnerable populations.—

``(1) In general.—Notwithstanding subsection (b), on and after the date that is 2 years after the date of enactment of the Serve America Act, a criminal history check under subsection (a) for each individual described in paragraph (2) shall, except for an entity described in paragraph (3), include—

``(A) a name-based search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.);

``(B) a search of the State criminal registry or repository in the State in which the program is operating and the State in which the individual resides at the time of application; and

``(C) submitting fingerprints to the Federal Bureau of Investigation for a national criminal history background check.

``(2) Individuals with access to vulnerable populations.—An individual described in this paragraph is an individual age 18 or older who—

``(A) serves in a position in which the individual receives a living allowance, stipend, national service educational award, or salary through a program receiving assistance under the national service laws; and

``(B) as a result of such individual's service in such position, has or will have access, on a recurring basis, to—

``(i) children age 17 years or younger;

``(ii) individuals age 60 years or older; or

``(iii) individuals with disabilities.

``(3) Exceptions.—The provisions of this subsection shall not apply to an entity—

``(A) where the service provided by individuals serving with the entity to a vulnerable population described in paragraph (2)(B) is episodic in nature or for a 1-day period;

``(B) where the cost to the entity of complying with this subsection is prohibitive;

``(C) where the entity is not authorized, or is otherwise unable, under State law, to access the national criminal history background check system of the Federal Bureau of Investigation;

``(D) where the entity is not authorized, or is otherwise unable, under Federal law, to access the national criminal history background check system of the Federal Bureau of Investigation; or

``(E) to which the Corporation otherwise provides an exemption from this subsection for good cause.´´.

(b) Feasibility study for a system of criminal history checks for employees and volunteers.—

(1) Feasibility study on efficiency and effectiveness regarding criminal history check.—The Attorney General of the United States shall conduct a study that shall examine, to the extent discernible and as of the date of the study, the following:

(A) The state of criminal history checks (including the use of fingerprint collection) at the State and local level, including—

(i) the available infrastructure for conducting criminal history checks;

(ii) the State system capacities to conduct such criminal history checks; and

(iii) the time required for each State to process an individual's fingerprints for a national criminal history background check through the Federal Bureau of Investigation, from the time of fingerprint collection to the submission to the Federal Bureau of Investigation.

(B) The likelihood that each State would participate in a nationwide system of criminal history checks to provide information regarding participants to entities receiving assistance under the national service laws.

(C) The number of participants that would require a fingerprint-based national criminal history background check under the national service laws.

(D) The impact of the national service laws on the Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation in terms of capacity and impact on other users of the system, including the effect on the work practices and staffing levels of the Federal Bureau of Investigation.

(E) The fees charged by the Federal Bureau of Investigation, States, local agencies, and private companies to collect and process fingerprints and conduct criminal history checks.

(F) The existence of model or best practice programs regarding conducting criminal history checks that could easily be expanded and duplicated in other States.

(G) The extent to which private companies are currently performing criminal history checks, and the possibility of using private companies in the future to perform any of the criminal history check process, including the collection and transmission of fingerprints and fitness determinations.

(H) The cost of development and operation of the technology and the infrastructure necessary to establish a nationwide fingerprint-based and other criminal background check system.

(I) The extent of State participation in the procedures for background checks under the National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.).

(J) The extent to which States provide access to nationwide criminal history checks to organizations that serve children.

(K) The extent to which States permit volunteers and other individuals to appeal adverse fitness determinations, and whether similar procedures are required at the Federal level.

(L) Any privacy concerns that may arise from nationwide criminal background checks for participants.

(M) Any other information determined relevant by the Attorney General.

(2) Interim report.—Based on the findings of the study under paragraph (1), the Attorney General shall, not later than 6 months after the date of the enactment of this Act, submit to the appropriate committees of Congress an interim report, which may include recommendations regarding criminal history checks for individuals that seek to volunteer with organizations that work with children, the elderly, or individuals with disabilities.

(3) Final report.—Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit to the Committee on the Judiciary and the Committee on Health, Education, Labor, and Pensions of the Senate and to the Committee on the Judiciary and the Committee on Education and Labor of the House of Representatives, a final report including recommendations regarding criminal history checks for participants under the national service laws, which may include—

(A) a proposal for grants to States to develop or improve programs to collect fingerprints and perform criminal history checks for individuals that seek to volunteer with organizations that work with children, the elderly, or individuals with disabilities; and

(B) recommendations for amendments to the National Child Protection Act of 1993 and the Volunteers for Children Act so that entities receiving assistance under the national service laws can promptly and affordably conduct nationwide criminal history background checks on their employees and volunteers.

(4) Definitions.—In this subsection, the terms ``authorizing committees´´, ``participants´´, and ``national service laws´´ have the meanings given such terms in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511).

(c) Effective date.—Notwithstanding section 6101, subsection (b) shall take effect on the date of enactment of this Act.