National and Community Service Trust Act of 1993/Title I/Subtitle B

Subtitle B — Related Provisions

Sec. 111. Definitions.

(a) IN GENERAL.—

Section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511) is amended to read as follows:

``SEC. 101. DEFINITIONS.

``For purposes of this title:

``(1) ADULT VOLUNTEER.— The term ``adult volunteer´´ means an individual, such as an older adult, an individual with a disability, a parent, or an employee of a business or public or private nonprofit organization, who—

``(A) works without financial remuneration in an educational institution to assist students or out-of-school youth; and

``(B) is beyond the age of compulsory school attendance in the State in which the educational institution is located.

``(2) APPROVED NATIONAL SERVICE POSITION.— The term ``approved national service position´´ means a national service position for which the Corporation has approved the provision of a national service educational award described in section 147 as one of the benefits to be provided for successful service in the position.

``(3) CARRY OUT.— The term ``carry out´´, when used in connection with a national service program described in section 122, means the planning, establishment, operation, expansion, or replication of the program.

``(4) CHIEF EXECUTIVE OFFICER.— The term ``Chief Executive Officer´´, except when used to refer to the chief executive officer of a State, means the Chief Executive Officer of the Corporation appointed under section 193.

``(5) COMMUNITY-BASED AGENCY.— The term ``community-based agency´´ means a private nonprofit organization (including a church or other religious entity) that—

``(A) is representative of a community or a significant segment of a community; and

``(B) is engaged in meeting human, educational, environmental, or public safety community needs.

``(6) CORPORATION.— The term ``Corporation´´ means the Corporation for National and Community Service established under section 191.

``(7) ECONOMICALLY DISADVANTAGED.— The term ``economically disadvantaged´´ means, with respect to an individual, an individual who is determined by the Chief Executive Officer to be low-income according to the latest available data from the Department of Commerce.

``(8) ELEMENTARY SCHOOL.— The term ``elementary school´´ has the same meaning given such term in section 1471(8) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(8)).

``(9) INDIAN.— The term ``Indian´´ means a person who is a member of an Indian tribe, or is a ``Native´´, as defined in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)).

``(10) INDIAN LANDS.— The term ``Indian lands´´ means any real property owned by an Indian tribe, any real property held in trust by the United States for an Indian or Indian tribe, and any real property held by an Indian or Indian tribe that is subject to restrictions on alienation imposed by the United States.

``(11) INDIAN TRIBE.— The term ``Indian tribe´´ means—

``(A) an Indian tribe, band, nation, or other organized group or community, including—

``(i) any Native village, as defined in section 3(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(c)), whether organized traditionally or pursuant to the Act of June 18, 1934 (commonly known as the ``Indian Reorganization Act´´; 48 Stat. 984, chapter 576; 25 U.S.C 461 et seq.); and

``(ii) any Regional Corporation or Village Corporation, as defined in subsection (g) or (j), respectively, of section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602 (g) or (j)),

``that is recognized as eligible for the special programs and services provided by the United States under Federal law to Indians because of their status as Indians; and

``(B) any tribal organization controlled, sanctioned, or chartered by an entity described in subparagraph (A).

``(12) INDIVIDUAL WITH A DISABILITY.— Except as provided in section 175(a), the term ``individual with a disability´´ has the meaning given the term in section 7(8)(B) of the Rehabilitation Act of 1973 (29 U.S.C. 706(8)(B)).

``(13) INSTITUTION OF HIGHER EDUCATION.— The term ``institution of higher education´´ has the same meaning given such term in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)).

``(14) LOCAL EDUCATIONAL AGENCY.— The term ``local educational agency´´ has the same meaning given such term in section 1471(12) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(12)).

``(15) NATIONAL SERVICE LAWS.— The term ``national service laws´´ means this Act and the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.).

``(16) OUT-OF-SCHOOL YOUTH.— The term ``out-of-school youth´´ means an individual who—

``(A) has not attained the age of 27;

``(B) has not completed college or the equivalent thereof; and

``(C) is not enrolled in an elementary or secondary school or institution of higher education.

``(17) PARTICIPANT.—

``(A) IN GENERAL.— The term ``participant´´ means—

``(i) for purposes of subtitle C, an individual in an approved national service position; and

``(ii) for purposes of any other provision of this Act, an individual enrolled in a program that receives assistance under this title.

``(B) RULE.— A participant shall not be considered to be an employee of the program in which the participant is enrolled.

``(18) PARTNERSHIP PROGRAM.— The term ``partnership program´´ means a program through which an adult volunteer, a public or private nonprofit organization, an institution of higher education, or a business assists a local educational agency.

``(19) PROGRAM.— The term ``program´´, unless the context otherwise requires, and except when used as part of the term ``academic program´´, means a program described in section 111(a) (other than a program referred to in paragraph (3)(B) of such section), 117A(a), 119(b)(1), or 122(a), or in paragraph (1) or (2) of section 152(b), or an activity that could be funded under section 198, 198C, or 198D.

``(20) PROJECT.— The term ``project´´ means an activity, carried out through a program that receives assistance under this title, that results in a specific identifiable service or improvement that otherwise would not be done with existing funds, and that does not duplicate the routine services or functions of the employer to whom participants are assigned.

``(21) SCHOOL-AGE YOUTH.— The term ``school-age youth´´ means—

``(A) individuals between the ages of 5 and 17, inclusive; and

``(B) children with disabilities, as defined in section 602(a)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(a)(1)), who receive services under part B of such Act.

``(22) SECONDARY SCHOOL.— The term ``secondary school´´ has the same meaning given such term in section 1471(21) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(21)).

``(23) SERVICE-LEARNING.— The term ``service-learning´´ means a method—

``(A) under which students or participants learn and develop through active participation in thoughtfully organized service that—

``(i) is conducted in and meets the needs of a community;

``(ii) is coordinated with an elementary school, secondary school, institution of higher education, or community service program, and with the community; and

``(iii) helps foster civic responsibility; and

``(B) that—

``(i) is integrated into and enhances the academic curriculum of the students, or the educational components of the community service program in which the participants are enrolled; and

``(ii) provides structured time for the students or participants to reflect on the service experience.

``(24) SERVICE-LEARNING COORDINATOR.— The term ``service-learning coordinator´´ means an individual who provides services as described in subsection (a)(3) or (b) of section 111.

``(25) SERVICE SPONSOR.— The term ``service sponsor´´ means an organization, or other entity, that has been selected to provide a placement for a participant.

``(26) STATE.— The term ``State´´ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. The term also includes Palau, until such time as the Compact of Free Association is ratified.

``(27) STATE COMMISSION.— The term ``State Commission´´ means a State Commission on National and Community Service maintained by a State pursuant to section 178. Except when used in section 178, the term includes an alternative administrative entity for a State approved by the Corporation under such section to act in lieu of a State Commission.

``(28) STATE EDUCATIONAL AGENCY.— The term ``State educational agency´´ has the same meaning given such term in section 1471(23) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(23)).

``(29) STUDENT.— The term ``student´´ means an individual who is enrolled in an elementary or secondary school or institution of higher education on a full- or part-time basis.´´.

(b) TECHNICAL AND CONFORMING AMENDMENTS.—

(1) Section 182(a)(2) of the National and Community Service Act of 1990 (42 U.S.C 12642(a)(2)) is amended by striking ``adult volunteer and partnership´´ each place the term appears and inserting ``partnership´´.

(2) Section 182(a)(3) of the National and Community Service Act of 1990 (42 U.S.C 12642(a)(3)) is amended by striking ``adult volunteer and partnership´´ and inserting ``partnership´´.

(3) Section 441(c)(2) of the Higher Education Act of 1965 (42 U.S.C. 2751(c)(2)) is amended by striking ``service opportunities or youth corps as defined in section 101 of the National and Community Service Act of 1990, and service in the agencies, institutions and activities designated in section 124(a) of the National and Community Service Act of 1990´´ and inserting ``a project, as defined in section 101(20) of the National and Community Service Act of 1990 (42 U.S.C. 12511(20))´´.

(4) Section 1122(a)(2)(C) of the Higher Education Act of 1965 (20 U.S.C. 1137a(a)(2)(C)) is amended by striking ``youth corps as defined in section 101(30) of the National and Community Service Act of 1990´´ and inserting ``youth corps programs, as described in section 122(a)(2) of the National and Community Service Act of 1990´´.

(5) Section 1201(p) of the Higher Education Act of 1965 (20 U.S.C. 1141(p)) is amended by striking ``section 101(22) of the National and Community Service Act of 1990´´ and inserting ``section 101(23) of the National and Community Service Act of 1990 (42 U.S.C. 12511(21))´´.

Sec. 112. Authority to Make State Grants.

Section 102 of the National and Community Service Act of 1990 (42 U.S.C. 12512) is repealed.

Sec. 113. Family and Medical Leave.

(a) IN GENERAL.—

Section 171 of the National and Community Service Act of 1990 (42 U.S.C. 12631) is amended to read as follows:

``SEC. 171. FAMILY AND MEDICAL LEAVE.

``(a) PARTICIPANTS IN PRIVATE, STATE, AND LOCAL PROJECTS.— For purposes of title I of the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), if—

``(1) a participant has provided service for the period required by section 101(2)(A)(i) (29 U.S.C. 2611(2)(A)(i)), and has met the hours of service requirement of section 101(2)(A)(ii), of such Act with respect to a project; and

``(2) the service sponsor of the project is an employer described in section 101(4) of such Act (other than an employing agency within the meaning of subchapter V of chapter 63 of title 5, United States Code),

``the participant shall be considered to be an eligible employee of the service sponsor.

``(b) PARTICIPANTS IN FEDERAL PROJECTS.— For purposes of subchapter V of chapter 63 of title 5, United States Code, if—

``(1) a participant has provided service for the period required by section 6381(1)(B) of such title with respect to a project; and

``(2) the service sponsor of the project is an employing agency within the meaning of such subchapter,

``the participant shall be considered to be an employee of the service sponsor.

``(c) TREATMENT OF ABSENCE.— The period of any absence of a participant from a service position pursuant to title I of the Family and Medical Leave Act of 1993 or subchapter V of chapter 63 of title 5, United States Code, shall not be counted toward the completion of the term of service of the participant under section 139 of this Act.´´.

(b) TABLE OF CONTENTS.—

Section 1(b) of the National and Community Service Act of 1990 (Public Law 101-610; 104 Stat. 3127) is amended by striking the item relating to section 171 of such Act and inserting the following:

``Sec. 171. Family and Medical Leave.´´.

Sec. 114. Reports.

Section 172 of the National and Community Service Act of 1990 (42 U.S.C. 12632) is amended—

(1) in subsection (a)(3)(A), by striking ``sections 177 and 113(9)´´ and inserting ``section 177´´;

(2) in subsection (b)—

(A) by striking ``REPORT TO CONGRESS´´; and inserting ``REPORT TO CONGRESS BY CORPORATION´´; and

(B) in paragraph (1), by striking ``this title´´ and inserting ``the national service laws´´; and

(3) by adding at the end the following:

``(c) REPORT TO CONGRESS BY SECRETARY OF DEFENSE.—

``(1) STUDY.— The Secretary of Defense shall annually conduct a study of the effect of the programs carried out under this title on recruitment for the Armed Forces.

``(2) REPORT.— The Secretary of Defense shall annually submit a report to the appropriate committees of Congress containing the findings of the study described in paragraph (1) and such recommendations for legislative and administrative reform as the Secretary may determine to be appropriate.´´.

Sec. 115. Nondiscrimination.

Section 175 of the National and Community Service Act of 1990 (42 U.S.C. 12635) is amended to read as follows:

``SEC. 175. NONDISCRIMINATION.

``(a) IN GENERAL.—

``(1) BASIS.— An individual with responsibility for the operation of a project that receives assistance under this title shall not discriminate against a participant in, or member of the staff of, such project on the basis of race, color, national origin, sex, age, or political affiliation of such participant or member, or on the basis of disability, if the participant or member is a qualified individual with a disability.

``(2) DEFINITION.— As used in paragraph (1), the term ``qualified individual with a disability´´ has the meaning given the term in section 101(8) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111(8)).

``(b) FEDERAL FINANCIAL ASSISTANCE.— Any assistance provided under this title shall constitute Federal financial assistance for purposes of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), and shall constitute Federal financial assistance to an education program or activity for purposes of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.).

``(c) RELIGIOUS DISCRIMINATION.—

``(1) IN GENERAL.— Except as provided in paragraph (2), an individual with responsibility for the operation of a project that receives assistance under this title shall not discriminate on the basis of religion against a participant in such project or a member of the staff of such project who is paid with funds received under this title.

``(2) EXCEPTION.— Paragraph (1) shall not apply to the employment, with assistance provided under this title, of any member of the staff, of a project that receives assistance under this title, who was employed with the organization operating the project on the date the grant under this title was awarded.

``(d) RULES AND REGULATIONS.— The Chief Executive Officer shall promulgate rules and regulations to provide for the enforcement of this section that shall include provisions for summary suspension of assistance for not more than 30 days, on an emergency basis, until notice and an opportunity to be heard can be provided.´´.

Sec. 116. Notice, Hearing, and Grievance Procedures.

(a) DECERTIFICATION OF POSITIONS.—

Section 176(a) of the National and Community Service Act of 1990 (42 U.S.C. 12636(a)) is amended—

(1) in paragraph (1), by inserting ``, or revoke the designation of positions, related to the grant or contract, as approved national service positions,´´ before ``whenever the Commission´´; and

(2) in paragraph (2)(B), by inserting ``or revoked´´ after ``terminated´´.

(b) CONSTRUCTION.—

Section 176(e) of such Act (42 U.S.C. 12636(e)) is amended by adding before the period the following ``, other than assistance provided pursuant to this Act´´.

(c) GRIEVANCE PROCEDURE.—

Section 176(f) of such Act is amended to read as follows:

``(f) GRIEVANCE PROCEDURE.—

``(1) IN GENERAL.— A State or local applicant that receives assistance under this title shall establish and maintain a procedure for the filing and adjudication of grievances from participants, labor organizations, and other interested individuals concerning projects that receive assistance under this title, including grievances regarding proposed placements of such participants in such projects.

``(2) DEADLINE FOR GRIEVANCES.— Except for a grievance that alleges fraud or criminal activity, a grievance shall be made not later than 1 year after the date of the alleged occurrence of the event that is the subject of the grievance.

``(3) DEADLINE FOR HEARING AND DECISION.—

``(A) HEARING.— A hearing on any grievance conducted under this subsection shall be conducted not later than 30 days after the filing of such grievance.

``(B) DECISION.— A decision on any such grievance shall be made not later than 60 days after the filing of such grievance.

``(4) ARBITRATION.—

``(A) IN GENERAL.—

``(i) JOINTLY SELECTED ARBITRATOR.— In the event of a decision on a grievance that is adverse to the party who filed such grievance, or 60 days after the filing of such grievance if no decision has been reached, such party shall be permitted to submit such grievance to binding arbitration before a qualified arbitrator who is jointly selected and independent of the interested parties.

``(ii) APPOINTED ARBITRATOR.— If the parties cannot agree on an arbitrator, the Chief Executive Officer shall appoint an arbitrator from a list of qualified arbitrators within 15 days after receiving a request for such appointment from one of the parties to the grievance.

``(B) DEADLINE FOR PROCEEDING.— An arbitration proceeding shall be held not later than 45 days after the request for such arbitration proceeding, or, if the arbitrator is appointed by the Chief Executive Officer in accordance with subparagraph (A)(ii), not later than 30 days after the appointment of such arbitrator.

``(C) DEADLINE FOR DECISION.— A decision concerning a grievance shall be made not later than 30 days after the date such arbitration proceeding begins.

``(D) COST.—

``(i) IN GENERAL.— Except as provided in clause (ii), the cost of an arbitration proceeding shall be divided evenly between the parties to the arbitration.

``(ii) EXCEPTION.— If a participant, labor organization, or other interested individual described in paragraph (1) prevails under a binding arbitration proceeding, the State or local applicant described in paragraph (1) that is a party to such grievance shall pay the total cost of such proceeding and the attorneys´´ fees of such participant, labor organization, or individual, as the case may be.

``(5) PROPOSED PLACEMENT.— If a grievance is filed regarding a proposed placement of a participant in a project that receives assistance under this title, such placement shall not be made unless the placement is consistent with the resolution of the grievance pursuant to this subsection.

``(6) REMEDIES.— Remedies for a grievance filed under this subsection include—

``(A) suspension of payments for assistance under this title;

``(B) termination of such payments;

``(C) prohibition of the placement described in paragraph (5); and

``(D) in a case in which the grievance involves a violation of subsection (a) or (b) of section 177 and the employer of the displaced employee is the recipient of assistance under this title—

``(i) reinstatement of the displaced employee to the position held by such employee prior to displacement;

``(ii) payment of lost wages and benefits of the displaced employee;

``(iii) reestablishment of other relevant terms, conditions, and privileges of employment of the displaced employee; and

``(iv) such equitable relief as is necessary to correct any violation of subsection (a) or (b) of section 177 or to make the displaced employee whole.

``(7) ENFORCEMENT.— Suits to enforce arbitration awards under this section may be brought in any district court of the United States having jurisdiction of the parties, without regard to the amount in controversy and without regard to the citizenship of the parties.´´.

Sec. 117. Nondisplacement.

Section 177(b)(3) of the National and Community Service Act of 1990 (42 U.S.C. 12637(b)(3)) is amended—

(1) in subparagraph (B), to read as follows:

``(B) SUPPLANTATION OF HIRING.— A participant in any program receiving assistance under this title shall not perform any services or duties, or engage in activities, that—

``(i) will supplant the hiring of employed workers; or

``(ii) are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures.´´; and

(2) in subparagraph (C)(iii), to read as follows:

``(iii) employee who—

``(I) is subject to a reduction in force; or

``(II) has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures;´´.

Sec. 118. Evaluation.

Section 179 of the National and Community Service Act of 1990 (42 U.S.C. 12639) is amended—

(1) in subsection (a)(2)—

(A) in the matter preceding subparagraph (A), by striking ``for purposes of the reports required by subsection (j),´´ and inserting ``with respect to the programs authorized under subtitle C,´´; and

(B) in subparagraph (A), by striking ``older American volunteer programs´´ and inserting ``National Senior Volunteer Corps programs´´;

(2) in subsection (g)—

(A) in the matter preceding paragraph (1), by striking ``subtitle D´´ and inserting ``subtitle C´´; and

(B) in paragraphs (3) and (9), by striking ``older American volunteer programs´´ and inserting ``National Senior Volunteer Corps programs´´;

(3) by striking subsections (i) and (j); and

(4) by adding at the end the following:

``(i) INDEPENDENT EVALUATION AND REPORT OF DEMOGRAPHICS OF NATIONAL SERVICE PARTICIPANTS AND COMMUNITIES.—

``(1) INDEPENDENT EVALUATION.—

``(A) IN GENERAL.— The Corporation shall, on an annual basis, arrange for an independent evaluation of the programs assisted under subtitle C.

``(B) PARTICIPANTS.—

``(i) IN GENERAL.— The entity conducting such evaluation shall determine the demographic characteristics of the participants in such programs.

``(ii) CHARACTERISTICS.— The entity shall determine, for the year covered by the evaluation, the total number of participants in the programs, and the number of participants within the programs in each State, by sex, age, economic background, education level, ethnic group, disability classification, and geographic region.

``(iii) CATEGORIES.— The Corporation shall determine appropriate categories for analysis of each of the characteristics referred to in clause (ii) for purposes of such an evaluation.

``(C) COMMUNITIES.— In conducting the evaluation, the entity shall determine the amount of assistance provided under section 121 during the year that has been expended for projects conducted under the programs in areas described in section 133(c)(6).

``(2) REPORT.— The entity conducting the evaluation shall submit a report to the President, Congress, the Corporation, and each State Commission containing the results of the evaluation—

``(A) with respect to the evaluation covering the year beginning on the date of enactment of this subsection, not later than 18 months after such date; and

``(B) with respect to the evaluation covering each subsequent year, not later than 18 months after the first day of each such year.´´.

Sec. 119. Engagement of Participants.

Section 180 of the National and Community Service Act of 1990 (42 U.S.C. 12640) is amended by striking ``post-service benefits´´ and inserting ``national service educational awards´´.

Sec. 120. Contingent Extension.

(a) IN GENERAL.—

Section 181 of the National and Community Service Act of 1990 (42 U.S.C. 12641) is amended to read as follows:

``SEC. 181. CONTINGENT EXTENSION.

``Section 414 of the General Education Provisions Act (20 U.S.C. 1226a) shall apply to this Act.´´.

(b) TABLE OF CONTENTS.—

Section 1(b) of the National and Community Service Act of 1990 (Public Law 101-610; 104 Stat. 3127) is amended by striking the item relating to section 181 of such Act and inserting the following:

``Sec. 181. Contingent Extension.´´.

Sec. 121. Audits.

(a) IN GENERAL.—

Section 183 of the National and Community Service Act of 1990 (42 U.S.C. 12643) is amended to read as follows:

``SEC. 183. RIGHTS OF ACCESS, EXAMINATION, AND COPYING.

``(a) COMPTROLLER GENERAL.— The Comptroller General, or any of the duly authorized representatives of the Comptroller General, 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, Indian tribe, or public or private nonprofit organization receiving assistance directly or indirectly under this Act; and

``(2) that the Comptroller General, or his representative, considers necessary to the performance of an evaluation, audit, or review.

``(b) CHIEF FINANCIAL OFFICER.— The Chief Financial Officer 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, Indian tribe, or public or private nonprofit organization receiving assistance directly or indirectly under this Act; and

``(2) that relates to the duties of the Chief Financial Officer.´´.

(b) TABLE OF CONTENTS.—

Section 1(b) of the National and Community Service Act of 1990 (Public Law 101-610; 104 Stat. 3127) is amended by striking the item relating to section 183 of such Act and inserting the following:

``Sec. 183. Rights of Access, Examination, and Copying.´´.

Sec. 122. Repeals.

(a) IN GENERAL.—

Subtitle F of title I of the National and Community Service Act of 1990 (42 U.S.C. 12631 et seq.) is amended by repealing sections 185 and 186.

(b) TABLE OF CONTENTS.—

Section 1(b) of the National and Community Service Act of 1990 (Public Law 101-610; 104 Stat. 3127) is amended by striking the item relating to section 185 of such Act.

Sec. 123. Effective Date.

This title, and the amendments made by this title, shall take effect on October 1, 1993.