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

Subtitle G—Amendments to Subtitle G (Corporation for National and Community Service)

Sec. 1701. Terms of Office.

Section 192 (42 U.S.C. 12651a) is amended—

(1) by striking subsection (c) and inserting the following:

``(c) Terms.—Subject to subsection (e), each appointed member shall serve for a term of 5 years.´´; and

(2) by adding at the end the following:

``(e) Service Until Appointment of Successor.—A voting member of the Board whose term has expired may continue to serve on the Board until the date on which the member's successor takes office, which period shall not exceed 1 year.´´.

Sec. 1702. Board of Directors Authorities and Duties.

Section 192A(g) (42 U.S.C. 12651b(g)) is amended—

(1) in the matter preceding paragraph (1), by striking ``shall—´´ and inserting ``shall have responsibility for setting overall policy for the Corporation and shall—´´;

(2) in paragraph (1), by inserting before the semicolon at the end the following: ``, and review the budget proposal in advance of submission to the Office of Management and Budget´´;

(3) in paragraph (5)—

(A) in subparagraph (A), by striking ``and´´ at the end;

(B) in subparagraph (B), by inserting ``and´´ after the semicolon; and

(C) by adding at the end the following:

``(C) review the performance of the Chief Executive Officer annually and forward a report on that review to the President;´´;

(4) in paragraph (8), by striking ``the Congress´´ each place it appears and inserting ``the authorizing committees´´;

(5) by striking paragraph (10) and inserting the following:

``(10) notwithstanding any other provision of law—

``(A) make grants to or contracts with Federal and other public departments or agencies, and private nonprofit organizations, for the assignment or referral of volunteers under the provisions of title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.) (except as provided in section 108 of such Act), which may provide that the agency or organization shall pay all or a part of the costs of the program; and

``(B) enter into agreements with other Federal agencies or private nonprofit organizations for the support of programs under the national service laws, which—

``(i) may provide that the agency or organization shall pay all or a part of the costs of the program, except as is provided in section 121(b); and

``(ii) shall provide that the program (including any program operated by another Federal agency) will comply with all requirements related to evaluation, performance, and other goals applicable to similar programs under the national service laws, as determined by the Corporation,´´; and

(6) in paragraph (11)—

(A) by striking ``Congress´´ each place it appears and inserting ``authorizing committees´´;

(B) by striking ``section 193A(b)(10)´´ and inserting ``section 193A(b)(11)´´; and

(C) by striking ``September 30, 1995´´ and inserting ``January 1, 2012´´.

Sec. 1703. Chief Executive Officer Compensation.

Section 193(b) (42 U.S.C. 12651c(b)) is amended by striking the period and inserting ``, plus 3 percent.´´.

Sec. 1704. Authorities and Duties of the Chief Executive Officer.

Section 193A (42 U.S.C. 12651d) is amended—

(1) in subsection (b)—

(A) in the matter preceding paragraph (1), by striking ``shall—´´ and inserting ``, in collaboration with the State Commissions, shall—´´;

(B) in paragraph (1), by inserting after ``a strategic plan´´ the following: ``, including a plan for having 50 percent of all approved national service positions be full-time positions by 2012,´´;

(C) in paragraph (2)(B), by inserting ``, approved summer of service positions, and approved silver scholar positions´´ after ``approved national service positions´´;

(D) by redesignating paragraphs (7) through (11) as paragraphs (8) through (12), respectively;

(E) by inserting after paragraph (6) the following:

``(7) prepare and submit to the authorizing committees and the Board an annual report on actions taken to achieve the goal of having 50 percent of all approved national service positions be full-time positions by 2012 as described in paragraph (1), including an assessment of the progress made toward achieving that goal and the actions to be taken in the coming year toward achieving that goal;´´;

(F) in the matter preceding subparagraph (A) of paragraph (10) (as so redesignated), by striking ``appropriate committees of Congress´´ and inserting ``authorizing committees´´;

(G) in paragraph (11) (as so redesignated)—

(i) in the matter preceding subparagraph (A), by striking ``by June 30, 1995,´´ and inserting ``periodically,´´;

(ii) in subparagraph (A)(i)—

(I) by striking ``described in section 122(c)(1)´´; and

(II) by striking ``national priorities designed to meet the´´ and inserting ``national priorities, as described in section 122(f)(1), designed to meet´´; and

(iii) in subparagraph (B), by striking ``and´´ after a semicolon;

(H) in paragraph (12) (as so redesignated), by striking the period at the end and inserting a semicolon; and

(I) by adding at the end the following:

``(13) bolster the public awareness of and recruitment efforts for the wide range of service opportunities for citizens of all ages, regardless of socioeconomic status or geographic location, through a variety of methods, including—

``(A) print media;

``(B) the Internet and related emerging technologies;

``(C) television;

``(D) radio;

``(E) presentations at public or private forums;

``(F) other innovative methods of communication; and

``(G) outreach to offices of economic development, State employment security agencies, labor organizations and trade associations, local educational agencies, institutions of higher education, agencies and organizations serving veterans and individuals with disabilities, and other institutions or organizations from which participants for programs receiving assistance from the national service laws can be recruited;

``(14) identify and implement methods of recruitment to—

``(A) increase the diversity of participants in the programs receiving assistance under the national service laws; and

``(B) increase the diversity of service sponsors of programs desiring to receive assistance under the national service laws;

``(15) coordinate with organizations of former participants of national service programs for service opportunities that may include capacity building, outreach, and recruitment for programs receiving assistance under the national service laws;

``(16) collaborate with organizations with demonstrated expertise in supporting and accommodating individuals with disabilities, including institutions of higher education, to identify and implement methods of recruitment to increase the number of participants who are individuals with disabilities in the programs receiving assistance under the national service laws;

``(17) identify and implement recruitment strategies and training programs for bilingual volunteers in the National Senior Service Corps under title II of the Domestic Volunteer Service Act of 1973;

``(18) collaborate with organizations that have established volunteer recruitment programs to increase the recruitment capacity of the Corporation;

``(19) where practicable, provide application materials in languages other than English for individuals with limited English proficiency who wish to participate in a national service program;

``(20) collaborate with the training and technical assistance programs described in subtitle J with respect to the activities described in section 199N(b));

``(21) coordinate the clearinghouses described in section 198O;

``(22) coordinate with entities receiving funds under subtitle C in establishing the National Service Reserve Corps under section 198H, through which alumni of the national service programs and veterans can serve in disasters and emergencies (as such terms are defined in section 198H(a));

``(23) identify and implement strategies to increase awareness among Indian tribes of the types and availability of assistance under the national service laws, increase Native American participation in programs under the national service laws, collect information on challenges facing Native American communities, and designate a Strategic Advisor for Native American Affairs to be responsible for the execution of those activities under the national service laws;

``(24) conduct outreach to ensure the inclusion of economically disadvantaged individuals in national service programs and activities authorized under the national service laws; and

``(25) ensure that outreach, awareness, and recruitment efforts are consistent with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).´´;

(2) in subsection (c)—

(A) in paragraph (9)—

(i) by striking ``Congress´´ each place the term occurs and inserting ``the authorizing committees´´; and

(ii) by striking ``and´´ at the end;

(B) by redesignating paragraph (10) as paragraph (11); and

(C) by inserting after paragraph (9) the following:

``(10) obtain the opinions of peer reviewers in evaluating applications to the Corporation for assistance under this title; and´´;

(3) in subsection (f)(2)(B), by striking ``date specified in subsection (b)(10)´´ and inserting ``the first date that a report is submitted under subsection (b)(11) after the effective date of the Serve America Act´´; and

(4) by adding at the end the following:

``(h) Authority To Contract With Businesses.—The Chief Executive Officer may, through contracts or cooperative agreements, carry out the marketing duties described in subsection (b)(13), with priority given to those entities that have established expertise in the recruitment of disadvantaged youth, members of Indian tribes, and older adults.

``(i) Campaign To Solicit Funds.—The Chief Executive Officer may conduct a campaign to solicit funds to conduct outreach and recruitment campaigns to recruit a diverse population of service sponsors of, and participants in, programs and projects receiving assistance under the national service laws.´´.

Sec. 1705. Chief Financial Officer Status.

Section 194(c) (42 U.S.C. 12651e(c)) is amended—

(1) by striking paragraphs (1) and (2) and inserting the following:

``(1) In general.—There shall be in the Corporation a Chief Financial Officer, who shall be appointed by the Chief Executive Officer pursuant to subsections (a) and (b) of section 195.´´; and

(2) by redesignating paragraph (3) as paragraph (2).

Sec. 1706. Nonvoting Members; Personal Services Contracts.

Section 195 (42 U.S.C. 12651f) is amended—

(1) in subsection (c)—

(A) in paragraph (2)(B), by inserting after ``subdivision of a State,´´ the following: ``territory,´´; and

(B) in paragraph (3)—

(i) in the heading, by striking ``Member´´ and inserting ``Nonvoting member´´; and

(ii) by inserting ``nonvoting´´ before ``member´´; and

(2) by adding at the end the following new subsection:

``(g) Personal Services Contracts.—The Corporation may enter into personal services contracts to carry out research, evaluation, and public awareness related to the national service laws.´´.

Sec. 1707. Donated Services.

Section 196(a) (42 U.S.C. 12651g(a)) is amended—

(1) in paragraph (1)—

(A) by striking subparagraph (A) and inserting the following:

``(A) Organizations and individuals.—Notwithstanding section 1342 of title 31, United States Code, the Corporation may solicit and accept the services of organizations and individuals (other than participants) to assist the Corporation in carrying out the duties of the Corporation under the national service laws, and may provide to such individuals the travel expenses described in section 192A(d).´´;

(B) in subparagraph (B)—

(i) in the matter preceding clause (i), by striking ``Such a volunteer´´ and inserting ``A person who provides assistance, either individually or as a member of an organization, in accordance with subparagraph (A)´´;

(ii) in clause (i), by striking ``a volunteer under this subtitle´´ and inserting ``such a person´´;

(iii) in clause (ii), by striking ``volunteers under this subtitle´´ and inserting ``such persons´´; and

(iv) in clause (iii), by striking ``such a volunteer´´ and inserting ``such a person´´; and

(C) in subparagraph (C)(i), by striking ``Such a volunteer´´ and inserting ``Such a person´´; and

(2) by striking paragraph (3).

Sec. 1708. Assignment to State Commissions.

Subtitle G of title I (42 U.S.C. 12651 et seq.) is further amended by adding at the end the following:

``SEC. 196B. Assignment to State Commissions.

``(a) Assignment.—In accordance with section 193A(c)(1), the Chief Executive Officer may assign to State Commissions specific programmatic functions upon a determination that such an assignment will increase efficiency in the operation or oversight of a program under the national service laws. In carrying out this section, and before executing any assignment of authority, the Corporation shall seek input from and consult Corporation employees, State Commissions, State educational agencies, and other interested stakeholders.

``(b) Report.—Not later than 2 years after the effective date of the Serve America Act, the Corporation shall submit a report to the authorizing committees describing the consultation process described in subsection (a), including the stakeholders consulted, the recommendation of stakeholders, and any actions taken by the Corporation under this section.´´.

Sec. 1709. Study of Involvement of Veterans.

Subtitle G of title I (42 U.S.C. 12651 et seq.) is further amended by adding at the end the following:

``SEC. 196C. Study of involvement of veterans.

``(a) Study and report.—The Corporation shall conduct a study and submit a report to the authorizing committees, not later than 3 years after the effective date of the Serve America Act, on—

``(1) the number of veterans serving in national service programs historically by year;

``(2) strategies being undertaken to identify the specific areas of need of veterans, including any goals set by the Corporation for veterans participating in the service programs;

``(3) the impact of the strategies described in paragraph (2) and the Veterans Corps on enabling greater participation by veterans in the national service programs carried out under the national service laws;

``(4) how existing programs and activities carried out under the national service laws could be improved to serve veterans, veterans service organizations, families of active-duty military, including gaps in services to veterans;

``(5) the extent to which existing programs and activities carried out under the national service laws are coordinated and recommendations to improve such coordination including the methods for ensuring the efficient financial organization of services directed towards veterans; and

``(6) how to improve utilization of veterans as resources and volunteers.

``(b) Consultation.—In conducting the studies and preparing the reports required under this subsection, the Corporation shall consult with veterans’ service organizations, the Secretary of Veterans Affairs, State veterans agencies, the Secretary of Defense, as appropriate, and other individuals and entities the Corporation considers appropriate.´´.

Sec. 1710. Study to Examine and Increase Service Programs for Displaced Workers in Services Corps and Community Service and to Develop Pilot Program Planning Study.

(a) Planning study.—

The Corporation shall conduct a study to identify—

(1) specific areas of need for displaced workers;

(2) how existing programs and activities (as of the time of the study) carried out under the national service laws could better serve displaced workers and communities that have been adversely affected by plant closings and job losses;

(3) prospects for better utilization of displaced workers as resources and volunteers; and

(4) methods for ensuring the efficient financial organization of services directed towards displaced workers.

(b) Consultation.—

The study shall be carried out in consultation with the Secretary of Labor, State labor agencies, and other individuals and entities the Corporation considers appropriate.

(c) Report.—

Not later than 1 year after the effective date of this Act, the Corporation shall submit to the authorizing committees a report on the results of the planning study required by subsection (a), together with a plan for implementation of a pilot program using promising strategies and approaches for better targeting and serving displaced workers.

(d) Pilot program.—

From amounts made available to carry out this section, the Corporation shall develop and carry out a pilot program based on the findings and plan in the report submitted under subsection (c).

(e) Definitions.—

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

(f) Authorization of appropriations.—

There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2010 through 2014.

Sec. 1711. Study to Evaluate the Effectiveness of Agency Coordination.

(a) Study.—

In order to reduce administrative burdens and lower costs for national service programs carried out under the national service laws, the Corporation shall conduct a study to determine the feasibility and effectiveness of implementing a data matching system under which the statements of an individual declaring that such individual is in compliance with the requirements of section 146(a)(3) of the National and Community Service Act of 1990 (42 U.S.C. 12602(a)(3)) shall be verified by the Corporation by comparing information provided by the individual with information relevant to such a declaration in the possession of other Federal agencies. Such study shall—

(1) review the feasibility of—

(A) expanding, and participating in, the data matching conducted by the Department of Education with the Social Security Administration and the Department of Homeland Security, pursuant to section 484(g) of the Higher Education Act of 1965 (20 U.S.C. 1091(g)); or

(B) establishing a comparable system of data matching with the Social Security Administration and the Department of Homeland Security; and

(2) identify—

(A) the costs, for both the Corporation and the other Federal agencies identified in paragraph (1), associated with expanding or establishing such a system of data matching;

(B) the benefits or detriments of such an expanded or comparable system both for the Corporation and for the other Federal agencies so identified;

(C) strategies for ensuring the privacy and security of participant information that is shared between Federal agencies and organizations receiving assistance under the national service laws;

(D) the information that needs to be shared in order to fulfill the eligibility requirements of section 146(a)(3) of the National and Community Service Act of 1990 (42 U.S.C. 12602(a)(3));

(E) an alternative system through which an individual’s compliance with section 146(a)(3) of such Act may be verified, should such an expanded or comparable system fail to verify the individual’s declaration of compliance; and

(F) recommendations for implementation of such an expanded or comparable system.

(b) Consultation.—

The Corporation shall carry out the study in consultation with the Secretary of Education, the Commissioner of the Social Security Administration, the Secretary of Homeland Security, and other Federal agencies, entities, and individuals that the Corporation considers appropriate.

(c) Report.—

Not later than 9 months after the effective date of this Act, the Corporation shall submit to the authorizing committees a report on the results of the study required by subsection (a) and a plan for implementation of a pilot data matching program using promising strategies and approaches identified in such study, if the Corporation determines such program to be feasible.

(d) Pilot program.—

From amounts made available to carry out this section, the Corporation may develop and carry out a pilot data matching program based on the report submitted under subsection (c).

(e) Definitions.—

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

Sec. 1712. Study of Program Effectiveness.

(a) In general.—

Not later than 12 months after the date of enactment of this Act, the Comptroller General of the United States shall develop performance measures for each program receiving Federal assistance under the national service laws.

(b) Contents.—

The performance measures developed under subsection (a) shall—

(1) to the maximum extent practicable draw on research-based, quantitative data;

(2) take into account program purpose and program design;

(3) include criteria to evaluate the cost effectiveness of programs receiving assistance under the national service laws;

(4) include criteria to evaluate the administration and management of programs receiving Federal assistance under the national service laws; and

(5) include criteria to evaluate oversight and accountability of recipients of assistance through such programs under the national service laws.

(c) Report.—

Not later than 2 years after the development of the performance measures under subsection (a), and every 5 years thereafter, the Comptroller General of the United States shall prepare and submit to the authorizing committees and the Corporation's Board of Directors a report containing an assessment of each such program with respect to the performance measures developed under subsection (a).

(d) Definitions.—

In this section:

(1) In general.—

The terms ``authorizing committees´´, ``Corporation´´, and ``national service laws´´ have the meanings given the terms in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511).

(2) Program.—

The term ``program´´ means an entire program carried out by the Corporation under the national service laws, such as the entire AmeriCorps program carried out under subtitle C.

Sec. 1713. Volunteer Management Corps Study.

(a) Findings.—

Congress finds the following:

(1) Many managers seek opportunities to give back to their communities and address the Nation’s challenges.

(2) Managers possess business and technical skills that make them especially suited to help nonprofit organizations and State and local governments create efficiencies and cost savings and develop programs to serve communities in need.

(3) There are currently a large number of businesses and firms who are seeking to identify savings through sabbatical opportunities for senior employees.

(b) Study and plan.—

Not later than 6 months after the date of enactment of this Act, the Corporation shall—

(1) conduct a study on how best to establish and implement a Volunteer Management Corps program; and

(2) submit a plan regarding the establishment of such program to Congress and to the President.

(c) Consultation.—

In carrying out the study described in subsection (b)(1), the Corporation may consult with experts in the private and nonprofit sectors.

(d) Effective date.—

Notwithstanding section 6101, this section shall take effect on the date of enactment of this Act.