101st CONGRESS
2d Session
S. 1430
AMENDMENTS
S 1430 EAH
In the House of Representatives, U.S.,
September 13, 1990.
Resolved, That the bill from the Senate (S. 1430) entitled `An Act to
enhance national and community service, and for other purposes', do pass
with the following
AMENDMENTS:
Strike out all after the enacting clause, and insert:

406e1f5ae57452002a7d147a687e6888e2f3a09047d68e1ce82406b88df56622

This Act may be cited as the `National Service Act of 1990'.

e4a976ff1d6c31136f20da1e49e9917b901bb0a33269b384df5487dbd6582807

The head of each department and of each agency participating in programs
assisted under title II of this Act or under amendments made by this Act
shall establish and administer a program of random testing of individuals
participating in such programs for the illegal use of drugs.
PART A--SCHOOL-BASED COMMUNITY SERVICE

dd0bf24bdeb261eaa0c0fb7e8d33de4f5c2b181047c91342ca743c1de24db157

This part may be cited as the `Schools and Service-Learning Act of 1990'.
Subpart 1--School-Based Service Learning

d94168f0a343176cabe27acdfda6ea731ef3668781771afc0b06b250bf6ae2cc

TITLE I

-SCHOOL-BASED AND HIGHER EDUCATION COMMUNITY SERVICE

The Secretary of Education is authorized, in accordance with the provisions
of this subpart, to make grants to States through their State educational
agencies for--
(1) planning and building State capacity for implementing statewide,
school-based, service-learning programs, including--
(A) preservice and in-service training for teachers, supervisors, and
personnel from community organizations in which service opportunities will
be provided;
(B) developing service-learning curricula, including age-appropriate learning
components for students to analyze and apply their service experiences;
(C) forming local partnerships to develop school-based community service
programs in accordance with this subpart;
(D) devising appropriate methods for research and evaluation of the
educational value of youth service opportunities and the effect of youth
service programs on communities;
(E) establishing effective outreach and dissemination to ensure the
broadest possible involvement of nonprofit community-based organizations
and youth-service agencies with demonstrated effectiveness in their
communities; and
(F) integration of service-learning into academic curricula; and
(2) the implementation, operation, or expansion of statewide, school-based,
service-learning programs through State distribution of not less than 80
percent of Federal funds made available under this subpart to projects
and activities coordinated and operated by local partnerships of local
educational agencies and other agencies and organizations in accordance
with this subpart.

10de4e5426d6e5bace2f8961ec337f481c4debc196bac7d8017df93510d992e0

(a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
for the purpose of carrying out the provisions of this subpart $35,000,000
for the fiscal year 1991, and such sums as may be necessary for each of
the fiscal years 1992, 1993, and 1994.
(b) RESERVATIONS- Of the sums appropriated to carry out this subpart for
any fiscal year, the Secretary shall reserve not more than 1 percent for
payments to Guam, American Samoa, the Virgin Islands, the Trust Territory
of the Pacific Islands, and the Northern Mariana Islands, to be allotted
in accordance with their respective needs.
(c) ALLOTMENT- The remainder of such sums shall be allotted among the
States as follows:
(1) From 50 percent of such remainder the Secretary shall allot to each
State an amount which bears the same ratio to 50 percent of such remainder
as the school-age population of the State bears to the school-age population
of all States.
(2) From 50 percent of such remainder the Secretary shall allot to each
State an amount which bears the same ratio to 50 percent of such remainder
as allocations to the State for the previous fiscal year under chapter 1
of title I of the Elementary and Secondary Education Act of 1965 bear to
such allocations to all States.
(d) LIMITATION- For any period during which a State is carrying out planning
activities under section 106(1) prior to implementation under section
106(2), a State may be paid not more than 25 percent of its allotment
under this subpart.
(e) REALLOTMENT- The amount of any State's allotment for any fiscal year to
carry out this subpart which the Secretary determines will not be required
for that fiscal year shall be available for reallotment to other States
as the Secretary may determine.
(f) DEFINITIONS- For purposes of this section:
(1) The term `school-age population' means the population aged 5 through
17, inclusive.
(2) The term `State' includes the 50 States, the District of Columbia,
and the Commonwealth of Puerto Rico.

9c42f2ae1b9c0089014c4dade8d4a2d023813cf055e1991206f66dcf748835e2

(a) ASSISTANCE TO LOCAL PARTNERSHIPS- From the sum made available under
section 107 to a State educational agency for each fiscal year, such agency
shall, through grants or contracts, provide not more than the Federal share
of financial assistance to local partnerships for school-based service
projects (in this subpart referred to as `partnerships') for the purpose
of carrying out the projects and activities authorized by this subpart.
(b) LOCAL PARTNERSHIPS-
(1) Each partnership shall consist of at least 1 local educational agency
and at least 1--
(A) local government agency;
(B) community-based organization;
(C) institution of higher education; or
(D) private nonprofit organization.
(2) A partnership may include representation by private for-profit business
organizations and private elementary and secondary schools.
(c) PRIORITY- In providing financial assistance pursuant to this subpart,
State educational agencies shall give priority consideration to proposals
for projects that--
(1) are in greatest need of assistance, such as projects serving low-income
areas;
(2) involve participants in the design and operation of the program,
where appropriate;
(3) involve students from both public and private elementary and secondary
schools and individuals of different ages, races, sexes, ethnic groups,
and economic backgrounds serving together;
(4) involve adults, particularly older individuals, as mentors and in
other capacities that provide significant interaction with youth performing
community service in a school-based setting, including at-risk youth;
(5) involve a partnership which includes private sector employees with
talents and skills in short supply in the schools; and
(6) focus on drug and alcohol abuse prevention, school drop-out prevention,
or nutrition and health education.

e9ddbc87ae25715836f76c7e3804421d892419b570e56b94f071db86ca26b75a

(a) APPLICATION REQUIREMENTS- A State educational agency which desires to
receive its allotment under this subpart shall submit to the Secretary an
application at such time, in such manner, and containing such information
and assurances as the Secretary may require, including--
(1) evidence of substantial cooperative efforts among local educational
agencies, local government agencies, community-based organizations, the
private sector, and State agencies to develop service-learning opportunities;
(2) an assurance that participation of economically and educationally
disadvantaged youths, including youths in foster care who are becoming
too old for foster care, youths of limited English proficiency, and youths
with disabilities, will participate in service opportunities;
(3) provision for the coordination of service opportunities with other
federally assisted education programs, training programs, social service
programs, and other appropriate programs that serve youth;
(4) an assurance that urban, rural, and tribal areas will be served;
(5) an assurance that the State will give special consideration to providing
assistance to projects that will provide academic credit to participants;
(6) an assurance that the State will keep such records and provide such
information to the Secretary as may be required for fiscal audits and
program evaluation; and
(7) an assurance that the State will comply with the specific requirements
of this subpart.
(b) DIRECT GRANTS- In any fiscal year in which a State does not participate
in programs under this subpart, the Secretary may use the State's allotment
to make direct grants for school-based service-learning projects to local
applicants in that State.
(c) PARTICIPATION OF CHILDREN AND TEACHERS FROM PRIVATE SCHOOLS-
(1) To the extent consistent with the number of children in the State
or in the school district of the local educational agency involved who
are enrolled in private nonprofit elementary and secondary schools, such
State or agency shall (after consultation with appropriate private school
representatives) make provision--
(A) for including services and arrangements for the benefit of such children
as will assure the equitable participation of such children in the purposes
and benefits of this subpart; and
(B) for such training for the benefit of teachers of such children as
will assure equitable participation of such teachers in the purposes and
benefits of this subpart.
(2) If by reason of any provision of law, a State or local educational
agency or institution of higher education is prohibited from providing for
the participation of children or teachers from private nonprofit schools
as required by paragraph (1), or if the Secretary determines that a State
or local educational agency substantially fails or is unwilling to provide
for such participation on an equitable basis, the Secretary shall waive
such requirements and shall arrange for the provision of services to such
children and teachers. Such waivers shall be subject to consultation,
withholding, notice, and judicial review requirements in accordance with
section 1017 of the Elementary and Secondary Education Act of 1965.

94b2f214d2279a2b670e6355cfd09c5b5b1182c37fb55684dea11f74ddd04520

(a) PROPOSAL REQUIREMENT- A partnership that desires to receive financial
assistance pursuant to this subpart shall submit to the State educational
agency of the State in which it is located a proposal which meets the
requirements of this section. Such proposal shall be submitted at such time
and in such manner as the State educational agency may reasonably require.
(b) PROPOSAL REQUIREMENTS- Each proposal submitted under subsection
(a) shall--
(1) contain a written agreement among the partners, including the
entities with which students or school volunteers are affiliated, community
representatives, and the local educational agency where service opportunities
will be provided, which states that the program was developed by all the
partners and that the program will be jointly operated by the partnership;
(2) provide for the establishment of an advisory committee consisting of
representatives of community agencies, services recipients, youth serving
agencies, students, parents, teachers, administrators, school board members,
labor, and business, and describe the membership and role of such committee;
(3) describe the goals of the program, including goals that are quantifiable,
measurable, and demonstrate benefits to both the students or school
volunteers and the community;
(4) describe the service opportunities to be provided;
(5) describe how the students or school volunteers will be recruited,
including special efforts to recruit school dropouts with the assistance
of community-based organizations;
(6) describe how students or school volunteers were or will be involved
in the design and operation of the program;
(7) state the responsibilities and qualifications of the coordinator of
any program assisted under this subpart;
(8) describe preservice and in-service training to be provided to supervisors
and students or school volunteers;
(9) describe potential resources that will permit continuation of the
program, if necessary, upon the expiration of Federal funding;
(10) describe an age-appropriate learning component for students that
includes, at a minimum, a chance for students to analyze and apply their
service experiences and expected learning outcomes;
(11) indicate whether students will receive academic credit for
participation;
(12) establish target numbers for--
(A) students who will participate in the program assisted under this
subpart; and
(B) hours of service such students will provide individually and as a group;
(13) describe the proportion of students expected to participate who
are educationally or economically disadvantaged, including students with
disabilities;
(14) describe the ages and grade levels of students who are expected
to participate;
(15) include other relevant demographic information about students who
are expected to participate; and
(16) provide assurances that students will be provided with information
(including information relating to student loan deferment and forgiveness
provisions) concerning the Volunteers in Service to America program, the
Peace Corps, full-time Youth Service Corps programs funded under this Act,
and other appropriate civilian and military service options.

449fc9a18e12a17c06d2847bbe6a9aecb485f8b52b80af3175a35fa42a6ac870

(a) STATE SHARE-
(1) The Federal share of the cost of planning and capacity building under
section 106(1) may not exceed 90 percent of the total cost of such planning
and capacity building.
(2) The State share of the cost of such planning and capacity building shall
be in cash. The State share shall be provided through public or private
non-Federal sources and may not be provided by any local public agency.
(b) LOCAL SHARE-
(1) The Federal share of a grant or contract for a project under this
subpart may not exceed--
(A) 90 percent of the total cost of a project for the first year for which
the project receives assistance under this subpart;
(B) 80 percent of the total cost of a project for the second year for
which the project receives assistance under this subpart;
(C) 70 percent of the total cost of a project for the third year for which
the project receives assistance under this subpart; and
(D) 50 percent of the total cost of a project for the fourth year and each
succeeding year for which the project receives assistance under this subpart.
(2) The State and local share of the costs of a project may be in cash or
in kind fairly evaluated, including facilities, equipment, or services.
(c) WAIVER- The Secretary may waive the requirements of subsection (b)
with respect to any project in any fiscal year if the Secretary determines
that such a waiver would be equitable due to a lack of available financial
resources at the local level.

84dd45c7919ca680092e647aa936cac8ae101806460e38fec5a92ae17e25f23b

(a) STATE USES OF FUNDS- The State educational agency may reserve, from
funds made available to such agency under this subpart--
(1) not more than 5 percent of such funds for administrative costs for
any fiscal year; and
(2) to build capacity through training, technical assistance, curriculum
development, and coordination activities, not more than--
(A) 15 percent of such funds in the first year in which a State operates
a program under this subpart;
(B) 10 percent of such funds in each of the second and third years in
which a State operates a program under this subpart; and
(C) 5 percent in the fourth year and each succeeding year in which a State
operates a program under this subpart.
(b) AUTHORIZED ACTIVITIES FOR LOCAL PROJECTS-
(1) Local projects may use funds made available under this subpart for
supervision of participating students, program administration, training,
reasonable transportation costs, insurance, and other reasonable expenses.
(2) Funds made available under this subpart may not be used to pay any
stipend, allowance, or other financial support to any participant, except
reimbursement for transportation, meals, and other reasonable out-of-pocket
expenses directly related to participation in a program assisted under
this subpart.
Subpart 2--Youthbuild Projects

5ebd7348fc6ac9370fab26d396ab8241725811d4b8daeb8293fe47ab7c187eda

It is the purpose of this subpart--
(1) to provide economically disadvantaged young adults with opportunities
for meaningful service to their communities in helping to meet the housing
needs of homeless individuals and low-income families; and
(2) to enable economically disadvantaged young adults to obtain the education
and employment skills necessary to achieve economic self-sufficiency.

0d6422d16f20218df5fe84b411f81f1bd87d4930441009addef665cf5f05a333

(a) FINANCIAL ASSISTANCE- The Director of the ACTION Agency, in consultation
with the Secretary of Labor, may provide grants to pay the Federal share of
the cost of carrying out Youthbuild projects in accordance with this subpart.
(b) FEDERAL SHARE- The Federal share under subsection (a) for each fiscal
year shall not exceed 90 percent.

ce45a0136f5c36be1f766b3a074757dfd68e983cbeaa0b1b5cb90b282f63c7d4

(a) CONSTRUCTION AND REHABILITATION PROJECTS- Eligible participants
serving in Youthbuild projects receiving assistance under this subpart
shall be employed in the construction, rehabilitation, or improvement of
real property to be used for purposes of providing--
(1) residential rental housing that is occupied solely by, or available
for occupancy solely by, homeless individuals and low-income families;
(2) transitional housing for homeless individuals;
(3) facilities for the provision of health, education, and other social
services to low-income families, including--
(A) senior citizen centers;
(B) youth recreation centers;
(C) Head Start or child care centers; and
(D) community health centers.
(b) REQUIREMENTS FOR COMMUNITY FACILITIES- No assistance may be provided
under this subpart to support the construction, rehabilitation, or
improvement of real property to be used to provide facilities described
in subsection (a) unless the property--
(1) is used principally by or for the benefit of low-income families;
(2) is owned and occupied solely by public or private nonprofit entities; and
(3) is located in census tracts, or identifiable neighborhoods within census
tracts, in which the median family income is not more than 80 percent of the
median family income of the area in which the facility is located, as such
median family income and area are determined for the purposes of assistance
under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f).
(c) RESTRICTION OF USE- Participants under this subpart may not be employed
in the construction, operation, or maintenance of any facility used for
sectarian instruction or religious worship.

df927eaa7ffb5925041ce090c8b2a80566cf51c77d93885d9cf1b90ee5d30c5f

(a) IN GENERAL- Assistance provided under this part shall be used by each
Youthbuild project to provide to participants the following:
(1) SERVICE OPPORTUNITIES- Service opportunities in the construction
or rehabilitation projects described in section 118, which shall be
integrated with appropriate skills training and coordinated with, to the
extent feasible, preapprenticeship and apprenticeship programs.
(2) EDUCATIONAL SERVICES- Services and activities designed to meet the
educational needs of participants, including--
(A) basic skills instruction and remedial education;
(B) bilingual education for individuals with limited English proficiency; and
(C) secondary education services and activities designed to lead to the
attainment of a high school diploma or its equivalent.
(3) PERSONAL AND PEER SUPPORTS- Counseling services and other activities
designed to--
(A) ensure that participants overcome personal problems that would interfere
with their successful participation; and
(B) develop a strong, mutually supportive peer context in which values,
goals, cultural heritage, and life skills can be explored and strengthened.
(4) LEADERSHIP DEVELOPMENT- Opportunities to develop the decisionmaking,
speaking, negotiating, and other leadership skills of participants, such
as the establishment and operation of a youth council with meaningful
decisionmaking authority over aspects of the project.
(5) PREPARATION FOR AND PLACEMENT IN UNSUBSIDIZED EMPLOYMENT- Activities
designed to maximize the value of participants as future employees and to
prepare participants for seeking, obtaining, and retaining unsubsidized
employment.
(6) NECESSARY SUPPORT SERVICES- To provide support services and need-based
stipends necessary to enable individuals to participate in the program
and, for a period not to exceed 6 months after completion of training,
to assist participants through support services in retaining employment.
(b) CONDITIONS- The provision of service opportunities to participants
in Youthbuild projects shall be made conditional upon attendance
and participation by such individuals in the educational services and
activities described in subsection (a). The duration of participation for
each individual in educational services and activities shall be at least
equal to the total number of hours for which a participant serves and is
paid wages by a Youthbuild project.

9ee7a707ec57632b8a09cb607fa76a0b84831fd9ba0d587d477ca7e59839f243

(a) FUNDS- Funds provided under this subpart may be used only for activities
that are in addition to activities that would otherwise be available in
the absence of such funds.
(b) ASSISTANCE CRITERIA- Assistance provided to each Youthbuild project
under this part shall be used only for--
(1) education and job training services and activities described in
paragraphs (2), (3), (4), (5), and (6) of section 119(a);
(2) wages and benefits paid to participants in accordance with sections
119(a) and 122; and
(3) administrative expenses incurred by the project, in an amount not to
exceed 15 percent of the total cost of the project.

ea30ed58735439dd47946b6addd44b93b9f21de74ef28e3fffb38ccf39c95152

(a) IN GENERAL- An individual shall be eligible to participate in a
Youthbuild project receiving assistance under this subpart if such
individual is--
(1) 16 to 24 years of age, inclusive;
(2) economically disadvantaged; and
(3) except as is provided in subsection (b), an individual who has dropped
out of high school whose reading and mathematics skills are at or below
the 8th grade level.
(b) EXCEPTIONS- Not more than 25 percent of the participants in a Youthbuild
project receiving assistance under this subpart may be individuals who do
not meet the requirements of subsection (a)(3) if such individuals--
(1) have not attained a high school diploma or its equivalent; or
(2) have educational needs despite the attainment of a high school diploma
or its equivalent.
(c) PARTICIPATION LIMITATION- Any eligible individual selected for full-time
participation in a Youthbuild project may participate full-time for a
period of not less than 6 months and not more than 18 months.

adb357fd678b43ad8dc924066bd98e5e07c3a4d0653b1681c933a708d2155fd7

(a) WAGES AND LABOR STANDARDS- To the extent consistent with the provisions
of this subpart, sections 142 and 143 of the Job Training Partnership Act
(29 U.S.C. 1552, 1553, and 1577), relating to wages and benefits and labor
standards, shall apply to the projects conducted under this subpart as
if such projects were conducted under the Job Training Partnership Act
(29 U.S.C. 1501 et seq.).
(b) NONDISCRIMINATION- (1) Except as provided in paragraph (2), an individual
with responsibility for the operation of a Youthbuild project shall not
discriminate on the basis of religion against a participant or a member
of the project staff who is paid with funds under this title.
(2) Paragraph (1) shall not apply to the employment, with funds provided
under this title, of any member of the staff of a Youthbuild project who
was employed with the organization operating the project on the date the
grant funded under this title was awarded.

be8488324d534f08c515a966c75f1eaaf678f9e4c9e96e8acd1d0806fecb0150

Each Youthbuild project shall carry out the services and activities under
this subpart directly or through arrangements or under contracts with
administrative entities designated under section 103(b)(1)(B) of the Job
Training Partnership Act (29 U.S.C. 1501(b)(1)(B)), with State and local
educational agencies, institutions of higher education, State and local
housing development agencies, and with other public agencies and private
organizations.

23d128a8345f80f736888af28ba12fb9830a1e1c5902c3b2a882727de22b358f

(a) IN GENERAL- The Director, in consultation with the Secretary of Labor,
shall prescribe standards for evaluating the performance of Youthbuild
projects receiving assistance under this subpart, including the following
factors:
(1) Placement in unsubsidized employment.
(2) Retention in unsubsidized employment.
(3) An increase in earnings.
(4) Improvement of reading and other basic skills.
(5) Attainment of a high school diploma or its equivalent.
(b) VARIATIONS- The Director shall prescribe variations to the standards
determined under subsection (a) by taking into account the economic
conditions of the areas in which Youthbuild projects are located and
appropriate special characteristics, such as the extent of English language
proficiency and offender status of Youthbuild participants.

4ea83960ceb9afc20ddb9617b9de2067c775cb3990453952f25e0301deb97e9a

(a) SUBMISSION- To apply for a grant under this subpart, an eligible entity
shall submit an application to the Director in accordance with procedures
established by the Director.
(b) CRITERIA- Each such application shall--
(1) describe the educational services, job training, supportive services,
service opportunities, and other services and activities that will be
provided to participants;
(2) describe the proposed construction of rehabilitation activities to be
undertaken and the anticipated schedule for carrying out such activities;
(3) describe the manner in which eligible youths will be recruited and
selected, including a description of arrangements which will be made
with community-based organizations, State and local educational agencies,
public assistance agencies, the courts of jurisdiction for status and youth
offenders, homeless shelters and other agencies that serve homeless youth,
foster care agencies, and other appropriate public and private agencies;
(4) describe the special outreach efforts that will be undertaken to
recruit eligible young women (including young women with dependent children);
(5) describe how the proposed project will be coordinated with other
Federal, State, and local activities, including vocational, adult and
bilingual education programs, job training supported by funds available
under the Job Training Partnership Act (29 U.S.C. 1501 et seq.) and the
Family Support Act of 1988, housing and economic development, and programs
that receive assistance under section 106 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5306);
(6) provide assurances that there will be a sufficient number of supervisory
personnel on the project and that the supervisory personnel are trained
in the skills needed to carry out the project;
(7) describe activities that will be undertaken to develop the leadership
skills of participants;
(8) set forth a detailed budget and describe the system of fiscal controls
and auditing and accountability procedures that will be used to ensure
fiscal soundness; and
(9) set forth assurances, arrangements, and conditions the Director
determines are necessary to carry out this subpart.

ab6d8515d14c929d71a5a2b64790bede525e166cbb2ef3f583f9ceec3cabce98

In approving applications for assistance under this subpart, the Director
shall give priority to applicants that demonstrate the following:
(1) POTENTIAL FOR SUCCESS- The greatest likelihood of success, as
indicated by such factors as the past experience of an applicant with
housing rehabilitation or construction, youth and youth education and
employment training programs, management capacity, fiscal reliability,
and community support.
(2) NEED- Have the greatest need for assistance, as determined by factors
such as--
(A) the degree of economic distress of the community from which participants
would be recruited, including--
(i) the extent of poverty;
(ii) the extent of youth unemployment; and
(iii) the number of individuals who have dropped out of high school; and
(B) the degree of economic distress of the locality in which the housing
would be rehabilitated or constructed, including--
(i) objective measures of the incidence of homelessness;
(ii) the relation between the supply of affordable housing for low-income
families and the number of such families in the locality;
(iii) the extent of housing overcrowding; and
(iv) the extent of poverty.

e9eaae86fdbce1bdf6e5c3ff2c87856fdfbf0a4576bbdf1d0e84e8cc86e156cb

(a) DIRECTOR ASSISTANCE- The Director may enter into contracts with a
qualified public or private nonprofit agency to provide assistance to the
Director in the management, supervision, and coordination of Youthbuild
projects receiving assistance under this subpart.
(b) SPONSOR ASSISTANCE- The Director shall enter into contracts with
a qualified public or private nonprofit agency to provide appropriate
training, information, and technical assistance to sponsors of projects
assisted under this subpart.
(c) APPLICATION PREPARATION- Technical assistance may also be provided in
the development of project proposals and the preparation of applications
for assistance under this subpart to eligible entities which intend or
desire to submit such applications. Community-based organizations shall
be given first priority in the provision of such assistance.
(d) RESERVATION OF FUNDS- The Director shall reserve 5 percent of the amounts
available in each fiscal year under section 130 to carry out subsections
(b) and (c) of this section.

b31337b3ffafbef94a2e149bd5dacb008b8cacc311b07290025103ec67d83e79

For purposes of this subpart:
(1) COMMUNITY-BASED ORGANIZATIONS- The term `community-based organizations'
has the meaning given the term in section 4(8) of the Job Training
Partnership Act (29 U.S.C. 1503(8)).
(2) DIRECTOR- The term `Director' means the Director of the ACTION agency.
(3) DROPPED OUT OF HIGH SCHOOL- The term `individual who has dropped out
of high school' means an individual who is neither attending any school
nor subject to a compulsory attendance law and who has not received a
secondary school diploma or a certificate of equivalency for such diploma,
but does not include any individual who has attended secondary school at
any time during the preceding 6 months.
(4) ECONOMICALLY DISADVANTAGED- The term`economically disadvantaged' has
the meaning given the term in section 4(8) of the Job Training Partnership
Act (29 U.S.C. 1503(8)).
(5) ELIGIBLE ENTITY- The term `eligible entity' means a public or private
nonprofit agency, such as--
(A) community-based organizations;
(B) administrative entities designated under section 103(b)(1)(B) of the
Job Training Partnership Act (29 U.S.C. 1501(b)(1)(B));
(C) community action agencies;
(D) State and local housing development agencies;
(E) State and local youth service and conservation corps; and
(F) any other entity that is eligible to provide education and employment
training under other Federal employment training programs.
(6) HOMELESS INDIVIDUAL- The term `homeless individual' has the meaning given
the term in section 103 of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11302).
(7) HOUSING DEVELOPMENT AGENCY- The term `housing development agency'
means any agency of a State or local government, or any private nonprofit
organization that is engaged in providing housing for the homeless or
low-income families.
(8) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher
education' has the meaning given the term in section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a)).
(9) LIMITED ENGLISH PROFICIENCY- The term `limited English proficiency'
has the meaning given the term in section 7003 of the Bilingual Education
Act (20 U.S.C. 3223).
(10) LOW-INCOME FAMILY- The term `low-income family' has the meaning given
the term `lower income families' in section 3(b)(2) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(2)).
(11) OFFENDER- The term `offender' means any adult or juvenile with a
record of arrest or conviction for a criminal offense.
(12) QUALIFIED NONPROFIT AGENCY- The term `qualified public or private
nonprofit agency' means any nonprofit agency that has significant prior
experience in the operation of projects similar to the Youthbuild program
authorized under this subpart and that has the capacity to provide effective
technical assistance under this section.
(13) RESIDENTIAL RENTAL PURPOSES- The term `residential rental purposes'
includes a cooperative or mutual housing facility that has a resale
structure that enables the cooperative to maintain affordability for
low-income individuals and families.
(14) SERVICE OPPORTUNITY- The term `service opportunity' means the
opportunity to perform work in return for wages and benefits in the
construction or rehabilitation of real property in accordance with this
subpart.
(15) STATE- The term `State' means any of the several States, the District
of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, the Virgin Islands, Guam, American Somoa,
the Trust Territories of the Pacific Islands, or any other territory or
possession of the United States.
(16) TRANSITIONAL HOUSING- The term `transitional housing' means a
project that has as its purpose facilitating the movement of homeless
individuals and families to independent living within a reasonable amount
of time. Transitional housing includes housing primarily designed to serve
deinstitutionalized homeless individuals and other homeless individuals
with mental or physical disabilities and homeless families with children.
(17) YOUTHBUILD PROJECT- The term `Youthbuild project' means any project
that receives assistance under this subpart and provides disadvantaged youth
with opportunities for service, education, and training in the construction
or rehabilitation of housing for homeless and other low-income individuals.

c7ba17813bad4c81221832f534511cd39741421248f0db5657fa7a67047dd371

The Secretary shall issue any regulations necessary to carry out this
subpart.

c660bbc11063fd487af583db6a019311840e4626f257e538aa6034e5b9861502

There are authorized to be appropriated to carry out the provisions of this
subpart $10,000,000 for fiscal year 1991 and such sums as may be necessary
for each of the 3 succeeding fiscal years. Amounts appropriated under this
section shall remain available until expended.
Subpart 3--Other Federal Volunteer Service Programs

19b86f8ff39782223dcf8a52a4214d8f5386e8346891dadda7d77182b0342506

(a) IN GENERAL- The Secretary is authorized, in accordance with the
provisions of this subpart, to make grants and enter into contracts for
demonstration projects in rural areas. Such projects may include volunteer
service involving the elderly and assisted-living services performed by
students, school dropouts, and out-of-school youth.
(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
for purposes of carrying out the provisions of this section $2,000,000
for the fiscal year 1991 and such sums as may be necessary for each of
the fiscal years 1992, 1993, and 1994.

31439f49d75a7d7bb4a3611fcaf29a1921ccc3ef1a7220c2e10e075ada6598d2

(a) IN GENERAL- The Director of the ACTION agency (in this section referred
to as the `Director') is authorized to make grants to the chief executive
officer of each State for initiatives involving non-school-based voluntary
service projects in the State.
(b) AUTHORIZED ACTIVITIES- Grants under this section may be used for--
(1) enhancing State volunteer service programs;
(2) volunteer service demonstration programs;
(3) research concerning, assessment of, and evaluation of volunteer
service programs;
(4) State coordination of volunteer service programs;
(5) technical assistance;
(6) training and staff development; and
(7) collection and dissemination of information concerning volunteer
service programs.
(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
for purposes of carrying out the provisions of this section $3,000,000
for each of the fiscal years 1991, 1992, 1993, and 1994.
(d) ALLOTMENTS-
(1) Subject to paragraph (2), the Director shall allot to the chief
executive officer of each State an amount which bears the same ratio to
the amount appropriated under subsection (b) as the school-age population
of the State bears to the school-age population of all States.
(2) Subject to the availability of appropriations, the chief executive
officer of each State shall receive at least $30,000 for each fiscal year
for purposes of carrying out an initiative under this section.
(e) PROTECTION FROM TORT LIABILITY-
(1) REQUIREMENTS- For fiscal year 1993 and subsequent fiscal years,
the Director may not make a grant under subsection (a) unless the State
involved provides assurances satisfactory to the Director that the State
provides by law as follows:
(A) That, except as provided in subparagraph (B) and paragraph (2),
a volunteer of a nonprofit organization or governmental entity does not
incur any personal financial liability for any tort claim alleging damage
or injury from any act or omission of the volunteer on behalf of the
organization or entity if--
(i) such individual was acting in good faith and within the scope  of
such individual's official functions and duties with the organization or
entity; and
(ii) such damage or injury was not caused by willful and wanton misconduct
by such individual.
(B) That the law described in subparagraph (A) may not be construed to
affect any civil action brought by any nonprofit organization or any
governmental entity against any volunteer of such organization or entity.
(C) That the law described in subparagraph (A) may not be construed to
affect the liability of any nonprofit organization or governmental entity
with respect to injury caused by any person.
(2) CONSIDERATION BY STATES OF AUTHORITY REGARDING LIMITATIONS ON PROTECTION-
For fiscal year 1993 and subsequent fiscal years, the Director may not
make a grant under subsection (a) unless the State involved provides
assurances satisfactory to the Director that, with respect to protection
from liability, the State has adequately addressed whether the conditions
and exceptions described in paragraph (3) should apply in the State.
(3) AUTHORIZED LIMITATIONS ON PROTECTION- For purposes of paragraph (1),
a State may impose one or more of the following conditions on and exceptions
to the protection from liability provided by the law described in paragraph
(1)(A):
(A) That the organization or entity must adhere to risk management
procedures, including mandatory training of volunteers.
(B) That the organization or entity is liable for the acts or omissions
of its volunteers to the same extent as an employer is liable, under the
laws of that State, for the acts or omissions of its employees.
(C) That the protection from liability provided by the law  described in
paragraph (1)(A) does not apply if the volunteer was operating a motor
vehicle or was operating a vessel, aircraft, or other vehicle for which
a pilot's license is required.
(D) That the protection from liability provided by the law described
in paragraph (1)(A) does not apply in the case of a suit brought by an
appropriate officer of a State or local government to enforce a Federal,
State, or local law.
(E)(i) That the protection from liability provided by the law described
in paragraph (1)(A) applies only if the organization or entity provides
a financially secure source of recovery for individuals who suffer injury
as a result of actions taken by a volunteer on behalf of the organization
or entity.
(ii) For purposes of clause (i)--
(I) a financially secure source of recovery may be an insurance policy
within specified limits, comparable coverage from a risk pooling mechanism,
equivalent assets, or alternative arrangements that satisfy the State that
the entity will be able to pay for losses up to a specified amount; and
(II) separate standards for different types of liability exposure may
be specified.
(f) DEFINITION- For purposes of this section the term `State' includes
the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

b7229ba685c6d84273fd750f3d15a7e4b1da8a0e17ff21b00b6d138a9d6a11e8

(a) PROGRAM AUTHORIZED- The Secretary is authorized, in accordance with the
provisions of this subpart, to make grants to, and enter into contracts
with, States, local educational agencies, local government agencies,
and community-based organizations for innovative community service and
service-learning programs and curricula that can serve as national models.
(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
for purposes of carrying out the provisions of this section $5,000,000
for the fiscal year 1991 and such sums as may be necessary for each of
the fiscal years 1992, 1993, and 1994.

d5403625da3593c421b4a3efb22d4060d5c5fb199751462ceab4b3dd4fdaca97

(a) PROGRAM AUTHORIZED- The Secretary is authorized, in accordance with the
provisions of this subpart, to make grants to, or enter into contracts with,
State educational agencies, local educational agencies, institutions of
higher education, local government agencies, community-based organizations,
and other public or private nonprofit organizations to develop plans for
model programs to enhance the capacity of educational institutions and
community-based organizations to administer service-learning programs for
school dropouts and out-of-school youth.
(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
for purposes of carrying out the provisions of this section $10,000,000
for the fiscal year 1991 and such sums as may be necessary for each of
the fiscal years 1992, 1993, and 1994.

c39b4f4b930ac133e129310c8cc6476fd40ab83ddea1ab2058336416e0e709d5

Section 502(b) of the Domestic Volunteer Service Act of 1973 (42
U.S.C. 5082(b)) is amended--
(1) by inserting `(1)' after `(b)', and
(2) by adding at the end the following:
`(2) There are authorized to be appropriated $5,000,000 for fiscal year 1991
and such sums as may be necessary for each of the three subsequent fiscal
years for the purpose of increasing the number of low-income individuals
who provide services under part B of title II of this Act to children who
participate in Head Start programs.'.
Subpart 4--Activities of the Secretary of Education

b9f2adee00fc4152ccda612401df0562895e0b2081ed3cbdb6e0e4c25d887e63

The Secretary shall widely disseminate information about programs under
this part.

a7643e445627dfbd3a837adac22a78be7e22348629745f104c97094ed3cb3de7

(a) IN GENERAL- The Secretary is authorized to make grants to or enter
into contracts with public and private nonprofit agencies with extensive
experience in student community service and school volunteer and partnership
programs for the establishment and operation of national or regional
clearinghouses for information on volunteer service.
(b) DUTIES- National or regional clearinghouses established or operated
with assistance provided under this section shall provide information,
curriculum materials, technical assistance, and training to States and
local entities participating in programs under subpart 1.

241587f7ac382146db03490a15f4c620b195db082c28a28b4e98591dc9cc10ca

(a) EVALUATION- The Secretary shall provide, through grants or contracts,
for the continuing evaluation of programs assisted under this part in order
to determine program effectiveness in achieving stated goals in general
and in relation to cost, the effect on related cost-saving programs, and
the structure and mechanism for delivery. Such evaluation shall measure the
effects of programs authorized by this part, including, where appropriate,
comparisons with appropriate control groups composed of individuals who
have not participated in such programs. Evaluations shall be conducted
by individuals not directly involved in the administration of the program
evaluated.
(b) STANDARDS- The Secretary shall develop and publish general standards for
evaluation of program effectiveness in achieving the objectives of this part.
(c) COMMUNITY PARTICIPATION- In evaluating a program receiving assistance
under this part, the Secretary shall consider the opinions of participating
students, dropouts, out-of-school youth, and members of the communities
where services are delivered concerning the strengths and weaknesses of
such program.
(d) REPORTING REQUIREMENTS- The results of evaluations conducted under
this section, including opinions obtained under subsection (c), shall be
made available to the public.
(e) REPORT TO CONGRESS- The results of evaluations conducted under this
section shall be analyzed and submitted to the appropriate committees of
the Congress with the annual report of the Secretary.

0ae8f5a7798e2a89545b60b3654a202d255b1aec169363c07bd7977a00ccb46c

There are authorized to be appropriated for purposes of carrying out the
provisions of this subpart $2,000,000 for the fiscal year 1991 and such
sums as may be necessary for each of the fiscal years 1992, 1993, and 1994.
Subpart 5--Volunteer Service Activities of the President

4e6013fe6aaf48168706888f664eddb5a7dddf3d1a590c5276f6a283cf9f4733

(a) PRESIDENTIAL AWARD FOR SCHOOL-BASED SERVICE- The President is authorized
to make Presidential Awards for School-Based Service recognizing excellence
in school-based service programs.
(b) CATEGORIES OF AWARDS- Each year the President is authorized to make
1 award to an individual in each State in each of the following categories:
(1) Excellence in a service program in kindergarten through grade 6.
(2) Excellence in a service program in grade 7 through grade 12.
(3) Excellence in a service program for dropouts and out-of-school youth.
(4) Excellence in teaching to a teacher in kindergarten through grade 6
who has demonstrated outstanding teaching ability in the area of volunteer
service.
(5) Excellence in teaching to a teacher in grade 7 through grade 12 who has
demonstrated outstanding teaching ability in the area of volunteer service.
(6) Excellence in teaching to a teacher in a service program for dropouts
and out-of-school youth who has demonstrated outstanding teaching ability
in the area of volunteer service.
(c) PRESIDENT'S SERVICE LEARNING TASK FORCE- The President is authorized
to create an interagency task force chaired either by the President or
the Vice President, whose purpose shall be--
(1) the creation and monitoring of effective measures for coordinating
the various parts of this Act; and
(2) design of a comprehensive Federal service strategy which shall include--
(A) review of existing programs to identify and expand opportunities for
service, especially by students and out-of-school youth;
(B) designation of a senior official in each Federal agency who will
be responsible for developing youth service opportunities in existing
programs nationwide;
(C) establishment of service projects in each Federal agency;
(D) encouragement of participation of Federal employees in service projects;
(E) designation of a senior executive branch official or group of officials
to coordinate the Federal service strategy;
(F) annual recognition of outstanding service programs operated by Federal
agencies; and
(G) encouragement of businesses and professional firms to include community
service among the factors considered in making hiring, compensation,
and promotion decisions.
(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
for purposes of carrying out the provisions of this section $1,000,000
for each of the fiscal years 1991, 1992, 1993, and 1994.
Subpart 6--General Provisions

dbf6ea0eaa063db7f1b8eb13a34e9cfe75ae891450b5a35f59d8fa713854c732

(a) IN GENERAL- Except as otherwise provided, the terms used in this part
shall have the meanings provided for such terms in section 1471 of the
Elementary and Secondary Education Act of 1965.
(b) OTHER DEFINITIONS- For purposes of this part the term `service-learning'
means a method--
(1) under which students learn and develop through active participation in
thoughtfully organized service experiences that meet actual community needs
and that are coordinated in collaboration with the school and community;
(2) that is integrated into the students' academic curriculum and provides
structured time for a student to think, talk, or write about what the
student did and saw during the actual service activity;
(3) that provides students with opportunities to use newly acquired skills
and knowledge in real-life situations in their own communities; and
(4) that enhances what is taught in school by extending student learning
beyond the classroom and into the community and helps to foster the
development of a sense of caring for others.

029607c76f1847d9022e1ba6212f917e5782030c241de9507c92cfa7f4c9bc8e

(a) PROHIBITED USES- No grant under this part shall be used to provide
religious instruction, conduct worship services, or engage in any form
of proselytization.
(b) PARTICIPANTS- Participants and project staff funded under this part
shall not give religious instruction, conduct worship services, or engage
in any form of proselytization as part of their duties.

6f63addacf6332e71773865c5fc38e5a70f622bebcf8e606def3558e2b55770c

Except as otherwise provided, the General Education Provisions Act shall
apply to the programs authorized by this part.
PART B--HIGHER EDUCATION COMMUNITY SERVICE
Subpart 1--Innovative Projects for Community Service

b4e7b48e85dc2daa4c7d654cc3188b42c3543517fbe4452dff90c416813f923d

It is the purpose of this part to support innovative projects to determine
the feasibility of encouraging students to participate in community
service activities while such students are attending institutions of
higher education.

0b84afdb0ab3cc7ba7a694e2853a70318a964347ef20788c41eac19c5420ca99

(a) GENERAL AUTHORITY- The Secretary is authorized, in accordance with the
provisions of this part, to make grants to, and contracts with, institutions
of higher education (including combination of such institutions), and
other public agencies and nonprofit organizations working in partnership
with institutions of higher education--
(1) to enable the institution to create or expand community service
activities for students attending that institution;
(2) to encourage student-initiated and studentdesigned community service
projects; and
(3) to facilitate the integration of community service into academic
curricula, so that students can obtain credit for their community service
activities.
(b) TRAINING AUTHORITY- The Secretary shall make grants to college and
universities and other nonprofit organizations to provide for the training
of teachers, related education personnel, and community leaders in the
skills necessary to develop, supervise, and organize community service
activities. Assistance under this section may be provided to individuals
planning to undertake a career in teaching, as well as existing teachers. In
awarding such grants, the Secretary shall take into consideration the
particular needs of a community and the ability of the grantee to actively
involve a major part of the community in, and substantially benefit the
community by, the proposed community service activities.
(c) FEDERAL SHARE- The Federal share of all grants under subsections (a)
and (b) shall not exceed 50 percent of the cost of the community service
activities.
(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to carry out this subpart, $10,000,000 for fiscal year 1991 and such sums
as may be necessary for each of the three succeeding fiscal years.
(e) INSTITUTION OF HIGHER EDUCATION DEFINED- For purposes of this subpart,
the term `institution of higher education' has the meaning given to such
term in section 1201(a) of the Higher Education Act of 1965.
Subpart 2--Campus-Based Community Work Learning Jobs

fe73110c307289c469c1c5ca429f29889ae72e5eaa06ea3178931ed67afa4277

STUDY JOBS.
Section 415B(a) of the Higher Education Act of 1965 is amended by inserting
the following new paragraph at the end thereof:
`(3)(A) In the event the appropriation for this subpart exceeds $75,000,000,
the Secretary shall, notwithstanding the provisions of section 415C(b)(3)(A),
allot 50 percent of such excess to the States for the purpose described
in section 415C(b)(2)(B).
`(B) The Secretary shall make the allotment required under subparagraph (A)
on the basis of the number of students participating in programs assisted
under section 415C(b)(2) of this subpart in each State as compared to the
total number of students participating in such jobs in all States.'.

8440862f30ea65fe49f97d1a7630dbd773a07edbc687bb582da0447be357e7e2

Section 441(b) of the Higher Education Act of 1965 is amended--
(1) by striking `$656,000,000' and inserting `$675,000,000'; and
(2) by adding at the end thereof the following: `In the event that
appropriations for this part exceed $625,000,000, such additional amounts
shall be used in accordance with section 447. The Secretary shall allocate
the additional amounts to institutions which demonstrate a capacity to
use these funds in accordance with section 447.'.
Subpart 3--Guaranteed Student Loans

fad4f1e97eff64a56765a877567d30b4480c648a20b22bcb5507fe448f757d57

(a) GSL PROGRAM- Section 428(b)(1)(M) of the Higher Education Act of 1965
is amended--
(1) by striking `and' at the end of clause (x);
(2) by striking the period at the end of clause (ix) and inserting a
semicolon; and
(3) by adding at the end thereof the following new clause:
`(xii) not in excess of 3 years during which the borrower is in service as
a full-time volunteer in service comparable to the service referred to in
clauses (iii) and (iv) for an organization which is exempt from taxation
under section 501(c)(3) of the Internal Revenue Code of 1986 and does not
receive compensation at a rate in excess of the rate prescribed by section
6 of the Fair Labor Standards Act of 1938;'.
(b) FISL PROGRAM- Section 427(a)(2)(C) of the Higher Education Act of 1965
is amended--
(1) by striking `or' at the end of clause (x); and
(2) by adding at the end thereof the following new clause:
`(xii) not in excess of 3 years during which the borrower is in service as
a full-time volunteer in service comparable to the service referred to in
clauses (iii) and (iv) for an organization which is exempt from taxation
under section 501(c)(3) of the Internal Revenue Code of 1986 and does not
receive compensation at a rate in excess of the rate prescribed by section
6 of the Fair Labor Standards Act of 1938;'.

e3ad5a59663529d40fba13f4acc154a3be22a14a2a5666db90e2515057e6bdf2

(a) DEFERMENT OF GUARANTEED STUDENT LOANS- Section 428(b)(1)(M) of the
Higher Education Act of 1965 (as amended by section 171 of this Act)
is further amended by inserting after clause (xii) the following new clause:
`(xiii) not in excess of 3 years during which the borrower is employed
full-time as a professional in drug counseling, prevention, intervention,
treatment, or education by a public or nonprofit private agency or
organization; and'.
(b) INSURED STUDENT LOANS- Section 427(a)(2)(C) of the Higher Education
Act of 1965 (as amended by section 171 of this Act) is further amended by
inserting after clause (xii) the following new clause:
`(xiii) not in excess of 3 years during which the borrower is employed
full-time as a professional in drug counseling, prevention, intervention,
treatment, or education by a public or nonprofit private agency or
organization; and'.

d8dd1e05856f78bb2d8a381bfb0a001899f5cea8d07b42dee71ebc570ab0f614

(a) DEFERMENT OF GUARANTEED STUDENT LOANS- Section 428(b)(1)(M) of the
Higher Education Act of 1965 (as amended by sections 171 and 172 of this Act)
is further amended by inserting after clause (xiii) the following new clause:
`(xiv) not in excess of 3 years during which the borrower is in service
as a full-time volunteer providing health services to individuals who are
eligible to receive services from the Secretary of the Interior under title
I and section 4 of the Indian Self-Determination and Education Assistance
Act of 1975 (Public Law 93-638);'.
(b) INSURED STUDENT LOANS- Section 427(a)(2)(C) of the Higher Education
Act of 1965 (as amended by section 171 of this Act) is further amended by
inserting after clause (xiii) the following new clause:
`(xiv) not in excess of 3 years during which the borrower is in service
as a full-time volunteer providing health services to individuals who are
eligible to receive services from the Secretary of the Interior under title
I and section 4 of the Indian Self-Determination and Education Assistance
Act of 1975 (Public Law 93-638);'.

336c8f14071bae74d1068face64a906a2248479f0389d7a89a5d09ac00ddd33d

The amendments made by this subpart shall apply only to loans made to
cover the costs of instruction for periods of enrollment beginning on or
after 30 days after the date of enactment of this Act to individuals who
are new borrowers on that date.
Subpart 4--Direct Loans to Students in Institutions of Higher Education

ea09597c4fe2cc05d140e43bd30a366db2d278168f6ef2579139e60981aa7ca1

(a) Cancellation for Volunteer Service-
(1) QUALIFICATION FOR CANCELLATION- Section 465(a)(2) of the Higher
Education Act of 1965 is amended--
(A) by striking out `or' at the end of subparagraph (D);
(B) by striking the period at the end of subparagraph (E) and inserting
a semicolon; and
(C) by adding at the end thereof the following new subparagraph:
`(F) as a full-time volunteer in service comparable to service referred
to in subparagraph (E) for an organization which is exempt from taxation
under section 501(c)(3) of the Internal Revenue Code of 1986;'; and
(C) by adding at the end thereof the following new sentence: `An individual
shall not be eligible as a volunteer under subparagraph (F) if such
individual receives compensation for services at a rate in excess of the
rate prescribed by section 6 of the Fair Labor Standards Act of 1938.'.
(2) RATE OF CANCELLATION- Section 465(a)(3)(A) of the Higher Education
Act of 1965 is amended--
(A) by striking out `or' at the end of clause (iii);
(B) by striking the period at the end of clause (iv) and inserting a
semicolon; and
(C) by adding at the end thereof the following new clause:
`(v) in the case of service described in subparagraph (F) of paragraph
(2) at the rate of 15 percent for the first or second year of such service
and 20 percent of the third or fourth year of such service;'.
(b) CANCELLATION FOR DRUG COUNSELING AND TREATMENT-
(1) QUALIFICATION FOR CANCELLATION- Section 465(a)(2) of the Higher Education
Act of 1965 (as amended by subsection (a)) is further amended by inserting
after subparagraph (F) the following new subparagraph:
`(G) as a full-time professional employee engaged in drug counseling,
prevention, intervention, treatment, or education and employed by a public
or nonprofit private agency or organization; or'.
(2) RATE OF CANCELLATION- Section 465(a)(3)(A) of the Higher Education
Act of 1965 (as amended by subsection (a)) is further amended by inserting
after clause (v) the following new clause:
`(vi) in the case of service described in subparagraph (F) of paragraph
(2), at the rate of 15 percent for the first or second year of such service
and 20 percent for the third or fourth year of such service; or'.
(c) Cancellation for Volunteers Providing Indian Health Services-
(1) QUALIFICATION FOR CANCELLATION- Section 465(a)(2) of the Higher Education
Act of 1965 (as amended by subsections (a) and (b)) is further amended by
inserting after subparagraph (G) the following new subparagraph:
`(H) as a full-time volunteer providing health services to individuals
who are eligible to receive services from the Secretary of the Interior
under title I and section 4 of the Indian Self-Determination and Education
Assistance Act of 1975 (Public Law 93-638).'.
(2) RATE OF CANCELLATION- Section 465(a)(3)(A) of the Higher Education
Act of 1965 (as amended by subsections (a) and (b)) is further amended by
inserting after clause (vi) the following new clause:
`(vii) in the case of service described in subparagraph (H) of paragraph
(2) at the rate of 15 percent for the first or second year of such service
and 20 percent of the third or fourth year of such service.'.

961b84d0ff554fc8af708d62bfe6fbb7349ed50adbf6644cf46852a2c6e589ad

(a) VOLUNTEER SERVICES- Section 464(c)(2)(A) of the Higher Education Act
of 1965 is amended--
(1) by striking `or' at the end of clause (viii); and
(2) by adding at the end thereof the following new clause:
`(x) is in service as a full-time volunteer in service comparable to the
service referred to in clauses (iii) and (iv) for an organization which
is exempt from taxation under section 501(c)(3) of the Internal Revenue
Code of 1986 and does not receive compensation at a rate in excess of the
rate prescribed by section 6 of the Fair Labor Standards Act of 1938;'.
(b) DRUG COUNSELING AND TREATMENT- Section 464(c)(2)(A) of such Act (as
amended by subsection (a)) is further amended by inserting after clause
(x) the following new clause:
`(xi) is employed full-time as a professional in drug counseling, prevention,
intervention, treatment, or education by a public or nonprofit private
agency or organization; or'.
(c) VOLUNTEERS PROVIDING INDIAN HEALTH SERVICES- Section 464(c)(2)(A)
of such Act (as amended by subsections (a) and (b)) is further amended by
inserting after clause (xi) the following new clause:
`(xii) is in service as a full-time volunteer providing health services
to individuals who are eligible to receive services from the Secretary of
the Interior under title I and section 4 of the Indian Self-Determination
and Education Assistance Act of 1975 (Public Law 93-638).'.
(d) DURATION OF DEFERMENTS- The second sentence of section 464(c)(2)(A)
of such Act is amended by striking `(v), or (vii)' and inserting `(v),
(vii), (x), (xi), or (xii)'.

f3e56ef281579c1ca1e21ec8f7000d0965e91674b830bbeac59c61f00cf45683

The amendments made by sections 176 and 177 of this subpart shall apply only
to loans made to cover the costs of instruction for periods of enrollment
beginning on or after 30 days after the date of enactment of this part to
individuals who are new borrowers on that date.
Subpart 5--Publication

3f7feb2ca1e6b838e6f080263e7624ececa0b367acd202801de613c1def77cc7

Section 485(a)(1) of the Higher Education Act of 1965 (hereafter in this
part referred to as the `Act') is amended--
(1) by striking out `and' at the end of subparagraph (J);
(2) by striking out the period at the end of subparagraph (K) and inserting
in lieu thereof a semicolon and the word `and'; and
(3) by adding at the end thereof the following:
`(L) the terms and conditions under which students receiving loans under
part B or E of this title, or both, may--
`(i) obtain deferral of the repayment of the principal and interest for
service under the Peace Corps Act or under the Domestic Volunteer Service
Act of 1973, or for comparable full-time service as a volunteer for a
tax-exempt organization, and
`(ii) obtain partial cancellation of the student loan for service under the
Peace Corps Act or under the Domestic Volunteer Service Act of 1973, or for
comparable full-time service as a volunteer for a tax-exempt organization.'.

b3d6a5251e67cd1eb7c4952ec0730f18b8d5173d3e18325409438abbc01e8d8b

Section 485(b) of the Act is amended--
(1) by striking `and' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and inserting in
lieu thereof a semicolon and `and'; and
(3) by adding the following new paragraph after paragraph (2):
`(3) the terms and conditions under which the student may obtain partial
cancellation or defer repayment of the principal and interest for service
under the Peace Corps Act or under the Domestic Volunteer Service Act of
1973 or for comparable full-time service as a volunteer for a tax-exempt
organization.'.

ea6943edb8828c3afa1fd6ec9da3afb4551676c3f69f76d96eb74faa81a2e20a

Section 485(d) of the Act is amended by inserting the following before
the last full sentence: `The Secretary shall provide information on the
specific terms and conditions under which students may obtain partial
cancellation or defer repayment of loans for service under the Peace Corps
Act and Domestic Volunteer Service Act of 1973 or for eligible comparable
full-time service as a volunteer with a tax-exempt organization, and shall
explicitly state that students may qualify for such partial cancellations or
deferments when they serve as a paid employee of a tax-exempt organization.'.
Subpart 6--Student Literacy Corps

6685b43de21e57fd41f9b207af3b093c4397622a03dd4c6c3ba9646680e79b60

(a) PRIORITY FOR SINGLE PARENTS OF DISADVANTAGED CHILDREN- Section
144(b)(2)(D) of the Higher Education Act of 1965 is amended by inserting
before the semicolon the following: `and will give priority in providing
tutoring services to illiterate parents of educationally or economically
disadvantaged elementary school students, with special emphasis on
single-parent households'.
(b) AUTHORIZATION OF APPROPRIATIONS- Section 146 of the Higher Education
Act of 1965 is amended to read as follows:
`SEC. 146. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to carry out this part $15,000,000
for fiscal year 1991 and such sums as may be necessary for each of the
three succeeding fiscal years.'.
Subpart 7--Student Tutorial Corps Initiative

49cdc77b8c4c5be1e7d9cd105e3dc2ceca0c077610abdfb0dc0c09be9daa1006

Title I of the Higher Education Act of 1965 is further amended by adding
at the end thereof the following new part:
`PART E--STUDENT TUTORIAL CORPS
`SEC. 151. PURPOSE.
`It is the purpose of this part to authorize a demonstration program
to encourage college students to tutor disadvantaged students receiving
services under chapter 1 of title I of the Elementary and Secondary
Education Act of 1965 (hereinafter in this part referred to as `chapter 1').
`SEC. 152. GRANTS AUTHORIZED.
`The Secretary is authorized to make demonstration grants in accordance
with the purposes and requirements of this part to institutions of higher
education submitting applications that meet the requirements of section
153, in order to assist such institutions to establish and conduct student
tutorial programs that--
`(1) encourage students enrolled in that institution to provide tutoring
to educationally disadvantaged students receiving services under chapter 1;
`(2) are conducted at the request, and with the direction, of personnel
providing services under chapter 1, to assist them in the education of
such children; and
`(3) that do not displace any of such personnel.
`SEC. 153. APPLICATION.
`To receive a grant under this part, an institution of higher education
shall submit an application that--
`(1)(A) specifies that such students will be compensated at rates consistent
with the rates paid under part C of title IV of this Act; or
`(B) specifies the rate at which the student will obtain academic credit
for tutorial services; and
`(2) demonstrate the active interest of the local educational agency (for the
students receiving services under chapter 1) in establishing the program; and
`(3) contain or be accompanied by such other information of assurances as
the Secretary may require to carry out the purposes of this part.
`SEC. 154. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to carry out this part, $10,000,000
for fiscal year 1991 and such sums as may be necessary for each of the
three succeeding fiscal years.'.
PART C--PEACE CORPS

5b3a3bd9153955130b23f71f25a85209704d8368c560d530595fb7346bc2b4b1

This part may be cited as the `Peace Corps Volunteer Education Demonstration
Program Act'.

e4b1c45877b53b22ac198f89d9c7ab2c0db304207317f7f9a4693036f842159d

(a) GENERAL AUTHORITY- The Director of the Peace Corps is authorized to
carry out a training and educational benefits demonstration program in
accordance with this part.
(b) CONTRACT AUTHORITY- The Director is authorized, either directly or by
way of grant, contract, or other arrangement, to carry out the provisions
of this part. The authority to enter into contracts under this part shall
be effective for any fiscal year only to such extent or in such amounts
as are provided in appropriations Acts.

570cf107548a388eb21d5704f4dbc7a775583f3c34a0cb3518d9b508d75f4c2a

Any individual who--
(1) has completed at least 2 years of satisfactory study at an institution
of higher education, is enrolled in an educational program of at least
4 years at an institution of higher education for which such institution
awards a bachelor's degree, and will complete such program within 2 years,
(2) enters into an agreement with the Director to serve at least 3 years
as a volunteer in the Peace Corps, and
(3) is selected pursuant to the competitive process established under
section 194,
is eligible to participate in the demonstration program authorized by
this part.

ef932418eeba342f4f46a88a8ec08e57db2d92e1c5b7a0944d6072c5da5671cf

The Director of the Peace Corps shall establish uniform criteria for the
selection on a competitive basis of individuals to participate in the
training program established under section 195 and to receive educational
benefits under section 196. The selection procedures established under
this section shall give special consideration to students from groups
traditionally underrepresented in the Peace Corps and to students who will
specialize in courses of instruction for which there is a special need in
the Peace Corps.

684f3883a6f1baf246a498e4088fef3ad24a0ecfd88996fc3a4b3f6b92ace73b

The Director of the Peace Corps shall establish and carry out a training
program under which each individual selected under section 194, as part
of the course of study which the individual is pursuing at his or her
institution of higher education, receives appropriate training for the
work he or she will perform in the Peace Corps.

8abe83e8a3addf0436e3c6b4efe11dffe268eea812ac6b808f59f02cb250cdb1

(a) BENEFITS PROVIDED- Each individual who has been selected under section
194 shall be eligible to receive educational benefits in an amount not to
exceed the costs of tuition, room and board, and books and fees, that the
individual incurs in attending his or her institution of higher education
during the remaining 2 years of the educational program in which the
individual is enrolled.
(b) FORM OF BENEFITS- The educational benefits provided to an individual
under subsection (a) shall be in the form of grants, remissions of expenses,
or such other form as the Director considers appropriate.
(c) REPAYMENT OF BENEFITS- An individual provided benefits under subsection
(a) shall repay the amount of the benefits so provided, plus interest--
(1) if the individual fails to complete his or her educational program
within the 2-year period specified in section 193(1), or
(2) if the individual fails to serve 3 years as a volunteer in the Peace
Corps upon completing his or her educational program.
The Director may waive the repayment requirement if exceptional circumstances,
such as illness or death, prevent an individual from meeting such 2-year or
3-year requirement.
(d) COLLECTION BY SECRETARY OF EDUCATION- The Secretary of Education shall
have the authority to collect amounts owed by an individual under subsection
(c). The Secretary may, for the purpose of collecting such amounts,
exercise the authorities conferred on the Secretary by sections 467 and
468 of the Higher Education Act of 1965 (20 U.S.C. 1087gg and 1087hh)
with respect to the collection of defaulted loans under part E of title
IV of that Act. Amounts collected under this subsection shall be deposited
in the general fund of the Treasury.

384a2915a3ebf6203da71e4cb6cdd10b664403630e7c7ae8a4eb2b0a40f285ba

The Director and the Secretary of Education shall jointly conduct an
evaluation of the demonstration program authorized by this part and shall
prepare and submit to the President and the Congress--
(1) not later than October 31, 1993, an interim report on such evaluation,
and
(2) not later than October 31, 1995, a final report on such evaluation,
together with such recommendations, including recommendations for
legislation, as the Director and the Secretary consider appropriate.

e94167f0382bb52ae295df01fcd8c76c5ffa1da672fadddff26cc65ca2eb6ce3

As used in this part--
(1) the term `Director' means the Director of the Peace Corps, and
(2) the term `institution of higher education' has the meaning given
that term in section 1201(a) of the Higher Education Act of 1965 (20
U.S.C. 1141(a)).

eb4f02c4e272f10c8193b67e52b1a6ae8e5e7c6456ebb577c43f7dd006d4dc58

There are authorized to be appropriated to the Peace Corps to carry
out this part $2,000,000 for the fiscal year 1991 and such sums as may
be necessary for each succeeding fiscal year ending before October 1,
1994. Amounts appropriated under this section are authorized to remain
available until expended.
PART D--COMMUNITY ACTION AGENCIES
For purposes of this title and the amendments made by this title, the term
`community-based organization' includes a community action agency.
PART A--AMERICAN CONSERVATION CORPS

1530c8a2bc85c7ab7f1508fb2ef399f444d473c13ec07a32596034ce7c84c99c

(a) IN GENERAL- There is established the American Conservation Corps
to be administered by the Secretary of Agriculture and the Secretary of
the Interior (individually referred to in this Act as the `administering
Secretary') under subsection (b) and through a State grant component.
(b) FEDERAL COMPONENT-
(1) The Secretary of the Interior and the Secretary of Agriculture
shall establish the Federal component of the American Conservation
Corps within their respective agencies to administer programs on Federal
lands. Applications for participation in the Corps on Federal public lands
shall be submitted to the administering Secretary in the manner described
in part D and under regulations promulgated under subsection (e).
(2) Funds appropriated for purposes of this part to an administering
Secretary shall be used to carry out projects on Federal lands and to
provide for the Federal administrative costs of implementing this part.
(3) In using such funds, the Secretary of the Interior and the Secretary
of Agriculture shall enter into contracts or other agreements with program
agencies, local governments, and nonprofit organizations approved for
participation under section 220(a).
(4) Participants shall contract with qualified existing youth corps programs
in the regions or areas where Federal component activities will occur.
In States where such corps programs do not exist, the Secretary shall
encourage the chief executive officer of the State to establish a youth
corps program. Only if a State has failed to establish a youth corps program
shall the Secretary directly administer a program for the Federal component.
(c) STATE COMPONENT-
(1) The Secretary of the Interior shall establish a program under which
grants shall be made to States to administer the State component of the
American Conservation Corps involving work on non-Federal public lands
and waters within a given State. Each Governor shall designate a State
program agency to administer the program within the State.
(2) If at the commencement of a fiscal year, such a program agency has not
been so designated, any local government within such State may establish
a program agency to carry out the State component within the political
subdivision under the jurisdiction of such local government.
(3) Any program agency may apply for a grant under this title in the manner
described in section 215.
(d) LOCAL GOVERNMENT PARTICIPATION-
(1) Any local government program agency established under subsection (c)(2)
shall be subject, in all respects, to the same requirements as a State
program agency. Where more than one local government within a State has
established a program agency under subsection (c)(2), the administering
Secretary shall allocate funds between such agencies in such manner as
the Secretary considers equitable.
(2) Any State carrying out a program under this part shall provide a
mechanism under which local governments and nonprofit organizations within
the State may participate in the American Conservation Corps.
(e) REGULATIONS AND ASSISTANCE-
(1) Before the end of the 120-day period beginning on the date of the
enactment of this Act, the Secretary of the Interior and the Secretary of
Agriculture, after consultation with the Secretary of Labor, shall jointly
promulgate regulations necessary to implement the American Conservation
Corps established by subsection (a).
(2)(A) Before the end of the 30-day period beginning on the date of the
enactment of this Act, the Secretary of the Interior and the Secretary
of Agriculture shall establish procedures to give program agencies and
other interested parties (including the general public) adequate notice
and opportunity to comment on and participate in the formulation of such
regulations.
(B) The regulations shall include provisions to assure uniform reporting on--
(i) the activities and accomplishments of American Conservation Corps
programs,
(ii) the demographic characteristics of enrollees in the Corps, and
(iii) such other information as may be necessary to prepare the annual
report required by section 229(a).
(f) PROJECTS INCLUDED- The American Conservation Corps established under
subsection (a) may carry out projects such as--
(1) conservation, rehabilitation, and improvement of wildlife habitat,
rangelands, parks, and recreational areas,
(2) urban revitalization and historical and cultural site preservation,
(3) fish culture and habitat maintenance and improvement and other fishery
assistance,
(4) road and trail maintenance and improvement,
(5)(A) erosion, flood, drought, and storm damage assistance and controls,
(B) stream, lake, and waterfront harbor and port improvement, and
(C) wetlands protection and pollution control,
(6) insect, disease, rodent, and fire prevention and control,
(7) improvement of abandoned railroad bed and right-of-way,
(8) energy conservation projects, renewable resource enhancement, and
recovery of biomass,
(9) reclamation and improvement of strip-mined land, and
(10) forestry, nursery, and cultural operations.
(g) LIMITATION TO PUBLIC LANDS- Projects to be carried out under the
American Conservation Corps shall be limited to projects on public lands or
Indian lands, except where a project involving other lands will provide a
documented public benefit as determined by the administering Secretary. The
regulations promulgated under subsection (e) shall establish the criteria
necessary to make such determinations.
(h) CONSISTENCY- All projects carried out under this part for conservation,
rehabilitation, or improvement of any public lands or Indian lands shall
be consistent with--
(1) the provisions of law and policies relating to the management and
administration of such lands and all other applicable provisions of law, and
(2) all management, operational, and other plans and documents which govern
the administration of the area.
(i) PARTICIPATION BY OTHER CONSERVATION PROGRAMS- Any land or water
conservation program (or any related program) administered in any State
under the authority of any Federal program is encouraged to use services
available under this part to carry out its program.

a65dde85606ce0bd3a8c5f530cf7e6890ed3e780861307f305d29dfe512b2bec

TITLE II

-TO ESTABLISH THE AMERICAN CONSERVATION AND YOUTH SERVICE CORPS

Of the sums appropriated under section 232(b)(1)(A) to carry out this part
for any fiscal year--
(1) 50 percent shall be made available to the administering Secretary
for expenditure by State program agencies which have been approved for
participation in the American Conservation Corps for work on State and
county lands,
(2) 15 percent shall be made available to the Secretary of Agriculture for
expenditure by agencies within the Department of Agriculture, subject to
section 232(d),
(3) 5 percent shall be made available to an administering Secretary, under
such terms as are provided for in regulations promulgated under section
201(e), for expenditure by other Federal agencies, subject to section 232(d),
(4) 25 percent shall be made available to the Secretary of the Interior
for expenditure by agencies within the Department of the Interior, subject
to section 232(d), and for demonstration projects or projects of special
merit carried out by any program agency or by any nonprofit organization
or local government which is undertaking or proposing to undertake projects
consistent with the purposes of this part, and
(5) 5 percent shall be made available to the Secretary of the Interior
for expenditure by the governing bodies of participating Indian tribes.
PART B--YOUTH SERVICE CORPS

37d531db6d49bdd18b4ca68a4928c7aaaa877567645af78e42b5f9ecd20339c4

(a) ESTABLISHMENT- There is established the Youth Service Corps.
(b) GRANTS- The Director of the ACTION Agency shall appoint an Assistant
Director (referred to in this Act as the `Assistant Director') who shall
provide, to public and private nonprofit agencies determined to be eligible
under section 216, grants for Youth Service Corps projects and otherwise
to administer this part.

453aab36459a31d896486c8fc513977bd44591b989fba22cb029f034e19595fa

(a) DESIGNATION OF SERVICE CATEGORIES- The Assistant Director shall, by
regulation, designate specific activities as service categories in which
persons serving in Youth Service Corps projects may serve for purposes of
this part.
(b) ELIGIBILITY REQUIREMENTS- An activity may be designated as a service
category under subsection (a) if the Assistant Director determines that--
(1) such activity is of substantial social benefit in meeting unmet human,
social, or environmental needs (particularly needs related to poverty)
of or in the community where service is to be performed,
(2) involvement of persons serving in Youth Service Corps projects under this
part in such activity will not interfere unreasonably with the availability
and the terms of employment of employees of sponsoring organizations with
positions available in such activity,
(3) persons serving in Youth Service Corps projects under this part are
able to meet the physical, mental, and educational qualifications that
such activity requires, and
(4) such activity is otherwise appropriate for purposes of this part.
(c) SPECIFIC ELIGIBLE SERVICE CATEGORIES- The service categories referred
to in subsection (a) may include service in--
(1) State, local, and regional governmental agencies,
(2) nursing homes, hospices, senior centers, hospitals, local libraries,
parks, recreational facilities, day care centers, and schools,
(3) law enforcement agencies, and penal and probation systems,
(4) private nonprofit organizations whose principal purpose is social
service,
(5) the rehabilitation or improvement of public facilities, neighborhood
improvements, literacy training benefiting educationally disadvantaged
persons, weatherization of and basic repairs (including construction) to
low-income housing, energy conservation, including solar energy techniques,
removal of architectural barriers to access by handicapped persons to
public facilities, and conservation, maintenance, or restoration of natural
resources on publicly held lands, and
(6) any other nonpartisan civic activity and service that the Assistant
Director determines to be appropriate for purposes of this part.
(d) INELIGIBLE SERVICE CATEGORIES- The service categories referred to in
subsection (a) may not include any position in any--
(1) business organized for profit,
(2) labor union,
(3) partisan political organization,
(4) organization engaged in religious activities, unless such position
does not involve any religious functions, or
(5) domestic or personal service company or organization.
(e) RELATED PROGRAMS- Any program administered under the authority of the
Secretary of Health and Human Services, which program is operated for the
same purpose as any program eligible under this part, is encouraged to
use services available under this part to carry out its program.
PART C--YOUTH SKILLS ENHANCEMENT

0f5263487a93c8eb2f892b9a2153607fde49f268b26f79dccd4435e4b7f44c1b

The administering Secretary or the Assistant Director (whichever the
case may be) shall provide guidance and assistance to States in securing
certification of training skills or academic credit for competencies
developed under part A or B.

546780658b9c7abcce7f281d00e00e0875c5f8ac168bd855e3584388bdd06e04

(a) ASSESSMENT OF SKILLS- Each program agency shall, through programs and
projects under part A or B, maintain or enhance the educational skills of
enrollees in the program. Each such agency shall assess the educational
level of enrollees at the time of entrance in the program, using any
available records or simplified assessment means or methodology.
(b) PROVISION OF IN-SERVICE TRAINING AND EDUCATION-
(1) Program agencies receiving assistance under section 216 shall
use not less than 10 percent of the funds available to them to provide
in-service training and educational materials and services for enrollees and
persons serving in programs and may enter into arrangements with academic
institutions or education providers, including--
(A) local education agencies,
(B) community colleges,
(C) 4-year colleges,
(D) area vocational-technical schools, and
(E) community based organizations,
for academic study (including remediation) by enrollees and other persons
serving in Youth Service Corps projects during nonworking hours to upgrade
literacy skills, to obtain a high school diploma (or its equivalency) or
college degrees, or to enhance employable skills. Career counseling shall be
provided to enrollees and other persons serving in Youth Service Corps projects
during any period of in-service training. Each graduating enrollee must be
provided with counseling with respect to additional study, job skills training,
or employment and shall be provided job placement assistance where appropriate.
(2) Enrollees and other persons serving in Youth Service Corps projects
who have not obtained a high school diploma or its equivalent shall have
priority to receive services under this subsection.
(3) Whenever possible, an enrollee seeking study or training not provided at
the enrollee's assigned facility shall be offered assignment to a facility
providing such study or training.
(c) POST-SERVICE EDUCATION AND TRAINING ASSISTANCE- Any such program
or project shall use not less than 10 percent of the funds available
to the agency for the program or project under section 216 to provide
services described in subsection (b)(1) for post-service education and
training assistance. The amount of such assistance provided to any eligible
individual shall be based upon the period of time such person served in
a program or project under this title. The activities under this section
may include activities available to eligible enrollees under in-service
education and training assistance, career and vocational counseling,
assistance in entering a program under the Job Training Partnership Act,
and other activities deemed appropriate for the enrollee by the program
agency and the advisory board.
(d) STANDARDS AND PROCEDURES- Appropriate State and local officials shall
certify that standards and procedures with respect to the awarding of
academic credit and certifying educational attainment in programs conducted
under subsection (b) are consistent with the requirements of applicable State
and local law and regulations. Such standards and procedures shall specify,
among other things, that any person serving in a program or project under
this title--
(1) who is not a high school graduate, shall participate in an educational
component whereby such person can progress toward a high school diploma
or its equivalent, and
(2) may arrange to receive academic credit in recognition of learning and
skills obtained from service satisfactorily completed.
PART D--ADMINISTRATIVE PROVISIONS

529d1c8e8effa755d0777ebcf07601cfc197b663d6d3c6d6a0cc95d9734d724f

(a) AWARD OF GRANTS- Within 60 days after the date of the enactment of
appropriations under section 232, any eligible entity may apply to the
administering Secretary or the Assistant Director (whichever the case may
be) for funds under this title in the manner specified under part A or part
B. In determining the amount of funds to be awarded to any such applicant,
the administering Secretary or the Assistant Director (whichever the case
may be) shall consider each of the following factors:
(1) The proportion of the unemployed youth population of area to be served.
(2)(A) In the case of part A, the conservation, rehabilitation, and
improvement needs on public lands within the State, and
(B) In the case of part B, unmet human, social, or environmental needs
(particularly needs related to poverty) within the area to be served.
(b) MATCHING REQUIREMENT-
(1) As a condition on the award of a grant under subsection (a), a State or
program agency shall demonstrate to the satisfaction of the administering
Secretary or the Assistant Director (whichever the case may be) that it
will expend (in cash or in kind), for purposes of any American Conservation
Corps or Youth Service Corps project funded under this Act, an amount
from public or private non-Federal sources (including the direct cost
of employment or training services provided by State or local programs,
private nonprofit organizations, and private for-profit employers) equal
to the amount made available to such State or agency under this title.
(2) In addition to such matching requirement, the State or program agency
shall demonstrate to the satisfaction of the administering Secretary or
the Assistant Director (whichever the case may be) that the effectiveness
of the project will be enhanced by the use of Federal funds.
(c) PAYMENT TERMS- Payments under grants awarded under this section may be
made in advance or by way of reimbursement and at such intervals and on
such conditions as the administering Secretary or the Assistant Director
(whichever the case may be) finds necessary.
(d) USE OF FUNDS, LIMITATIONS-
(1) Contract authority under this title shall be subject to the availability
of appropriations. Funds appropriated under section 232 shall only be
used for activities which are in addition to those which would otherwise
be carried out in the area in the absence of such funds.
(2) Not more than 10 percent of the Federal funds made available to any
State or program agency for projects during each fiscal year may be used
for the purchase of major capital equipment.
(3) Not more than 15 percent of any Federal funds made available to any
State or program agency under this title may be used to cover administrative
expenses. In any case in which a grant is being awarded to a specific unit
of local government rather than to a State, the State may not use more than
3 percent of the grant to cover administrative expenses. The remainder of
the grant shall be transferred to the relevant unit of local government.
(4) Not more than 5 percent of any Federal funds provided under this title
may be used for part-time service or conservation programs. For purposes
of this paragraph the term `part-time' means unpaid service of not more
than 15 hours per week.
(5) Not more than 1 percent of any Federal funds provided under this title
may be used for joint programs with organized senior citizen programs for
community support services.

651f5bb6c8b83f0c25ce77461c050f789e556c41593ab62701c5c5889e91f78c

(a) APPLICATION-
(1) In order to be eligible for any grant under section 216, an applying
entity shall submit, in accordance with subsection (c), a plan that
describes the existing or proposed program or project for which such grant
is requested.
(2) Any entity which is eligible to provide employment and educational
training under other Federal employment training programs may apply for
a grant under section 216.
(b) CONTENTS OF PLAN FOR ELIGIBILITY FOR GRANTS- The plan referred to in
subsection (a) shall include the following:
(1)(A) A comprehensive description of the objectives and performance goals
for the program, (B) a plan for managing and funding the program, and
(C) a description of the types of projects to be carried out, including a
description of the types and duration of training and work experience to
be provided.
(2) A plan for certification of the training skills acquired by enrollees
and award of academic credit to enrollees for competencies developed from
training programs or work experience obtained under this title.
(3) An estimate of the number of enrollees and crew leaders necessary for
the proposed projects, the length of time for which the services of such
personnel will be required, and the services which will be required for
their support.
(4) A description of the location and types of facilities and equipment
to be used in carrying out the programs.
(5) A list of positions from which any person serving in such project may
choose a service position, which list shall, to the extent practicable,
identify a sufficient number and variety of positions so that any person
living within a program area who desires to serve in voluntary youth
service may serve in a position that fulfills the needs of such person.
(6) A list of requirements to be imposed on any sponsoring organization
of any person serving in a program or project under this title, including
a provision that any sponsoring organization that invests in any project
under this title by making a cash contribution or by providing free training
of any person participating in such project shall be given preference over
any sponsoring organization that does not make such an investment.
(7) With respect to the specified location and type of any facility to be
used in carrying out the program, a description of--
(A) the proximity of any such facility to the work to be done,
(B) the cost and means of transportation available between any such facility
and the homes of the enrollees who may be assigned to that facility,
(C) the participation of economically, socially, physically, or educationally
disadvantaged youths, and
(D) the cost of establishing, maintaining, and staffing the facility.
(8)(A) A provision describing the manner of appointment of sufficient
supervisory staff by the chief administrator to provide for other central
elements of a youth corps, such as crew structure and a youth development
component. Supervisory staff may include enrollees who have displayed
exceptional leadership qualities.
(B) A provision describing a plan to assure the on-site presence of
knowledgeable and competent supervision at program facilities.
(9) A description of the facilities, quarters, and board (in the case of
residential facilities), limited and emergency medical care, transportation
from administrative facilities to work sites, and other appropriate services,
supplies, and equipment that will be provided by the agency.
(10) A description of basic standards of work requirements, health,
nutrition, sanitation, and safety, and the manner by which such standards
shall be enforced.
(11) A description of the program's plan to assign youths to facilities
as near to their homes as is reasonable and practicable.
(12) A description of formal social counseling arrangements to be made
available to the participant during service in the American Conservation
Corps or Youth Service Corps.
(13) Such other information as the administering Secretary or the Assistant
Director (whichever the case may be) may prescribe.
(c) PRELIMINARY APPROVAL OF PART A APPLICATIONS-
(1) An application for participation in the State component under part A
shall first be submitted to the designated State agency for preliminary
review and approval. Such agency shall forward to the appropriate State job
training coordinating council, if any (established under the Job Training
Partnership Act (29 U.S.C. 1502 et seq.)), for further review and comment,
any application it approves. Upon the expiration of the 30-day review
period referred to in subsection (e), the State agency shall submit any
approved application, along with any comments by the council, to the
administering Secretary.
(2) A State may submit any application for its own program under part A
to the administering Secretary after complying with the review and comment
requirement under subsection (e).
(3) The administering Secretary shall establish an appeals procedure
(involving review and comment by the State job training council) for
applying entities whose applications are disapproved under paragraph (1).
(d) PART B APPLICATIONS- An application for participation under part B may
be submitted by any public or private nonprofit entity to the administering
Assistant Director after review and comment under subsection (e).
(e) REVIEW AND COMMENT ON APPLICATIONS- No application for participation
under part A or part B may be submitted to the administering Secretary or
the Assistant Director (whichever the case may be) before the end of the
30-day period for review and comment by such council (except in the case
of an appeal).
(f) CRITERIA FOR APPROVAL OF APPLICATIONS- In approving an application
under this section, the administering Secretary or the Assistant Director
(whichever the case may be) shall consider the extent to which the specifics
of the program or project (as described in the application) meet the goals
of the program for which the grant is sought.

55f872918c886789dd3dfdc34c2dc835a1b1d805ceb121b6ac897359a2087256

In the approval of applications for programs and projects submitted under
section 217, the Administering Secretary or the Assistant Director (whichever
the case may be) shall give preference to those programs and projects which--
(1) will provide long-term benefits to the public,
(2) will instill in the enrollees a work ethic and a sense of public service,
(3) will be labor intensive, with youth operating in crews,
(4) can be planned and initiated promptly,
(5) will enhance the enrollees' educational level and opportunities,
and skills development,
(6) in the case of a proposed part A project, will meet the unmet needs
for conservation, rehabilitation, and improvement work on public lands
within the State, and
(7) in the case of a proposed part B project, will meet human, social,
and environmental needs (particularly needs related to poverty).

be77872a4c431e644bb1a8a193acaf2db474ade137078d20ed9a4ac4eba5cd78

Earnings and allowances received under this title by an economically
disadvantaged youth, as defined in section 4(8) of the Job Training
Partnership Act (29 U.S.C. 1503(8)), shall be disregarded in determining
the eligibility of the youth's family for, and the amount of, any benefits
based upon need under any program established under this title.

467b43b5ed17e5d66c1ebdf8a8a75d2250902f11d14b7bcfe5815e6ffe593110

(a) CRITERIA-
(1)(A) Enrollment in the American Conservation Corps and the Youth Service
Corps shall be limited to individuals who, at the time of enrollment, are--
(i) not less than 16 years or more than 25 years of age, except that
programs limited to the months of June, July, and August may include
individuals not less than 15 years and not more than 21 years of age at
the time of their enrollment, and
(ii) citizens or nationals of the United States (including those citizens of
the Northern Mariana Islands as defined in section 24(b) of the Act entitled
`An Act to authorize $15,500,000 for capital improvement projects on Guam,
and for other purposes.', approved December 8, 1983 (Public Law 98-213, 48
U.S.C. 1681 note), or lawful permanent resident aliens of the United States.
(B) Special efforts shall be made to recruit and enroll individuals who,
at the time of enrollment, are economically disadvantaged.
(C) In addition to recruitment enrollment efforts required in subparagraph
(B), the administering Secretary or the Assistant Director (whichever
the case may be) shall make special efforts to recruit enrollees who are
socially, physically, and educationally disadvantaged youths and also
make special efforts who are participating in foster care independent
living programs, who are homeless, or are otherwise disconnected from
their communities.
(D) Any person who does not hold a high school diploma or its equivalent
may not be accepted for service in a program or project under this Act
unless such person has not been enrolled as a high school student during
the 3-month period before the date of such acceptance.
(E) Notwithstanding subparagraph (A), a limited number of special corps
members may be enrolled without regard to their age so that the corps may
draw upon their special skills which may contribute to the attainment of
the purposes of this Act.
(2) Except in the case of a program limited to the months of June, July,
and August, individuals who at the time of applying for enrollment have
attained 16 years of age but not attained 19 years of age, and who are no
longer enrolled in any secondary school shall not be enrolled unless they
give adequate written assurances, under criteria to be established by the
administering Secretary or the Assistant Director (whichever the case may
be), that they did not leave school for the express purpose of enrolling. The
regulations promulgated under section 201(e) shall provide such criteria.
(3) The selection of enrollees to serve in the American Conservation
Corps or Youth Service Corps shall be the responsibility of the chief
administrator of the program agency. Enrollees shall be selected from those
qualified persons who have applied to, or been recruited by, the program
agency, a State employment security service, a local school district
with an employment referral service, an administrative entity under the
Job Training Partnership Act (29 U.S.C. 1502 et seq.), a community or
community-based nonprofit organization, the sponsor of an Indian program,
or the sponsor of a migrant or seasonal agricultural worker program.
(4)(A) Except for a program limited to the months of June, July, and August,
any qualified individual selected for enrollment in the American Conservation
Corps or Youth Service Corps may be enrolled for a period not to exceed
24 months. When the term of enrollment does not consist of one continuous
24-month term, the total of shorter terms may not exceed 24 months.
(B) No individual may remain enrolled in the American Conservation Corps
or Youth Service Corps after that individual has attained the age of 26
years, except as provided in paragraph (1)(E).
(C) No enrollee shall perform services in any project for more than a
6-month period.
(5) Within the American Conservation Corps or Youth Service Corps the
directors of programs shall establish and stringently enforce standards
of conduct to promote proper moral and disciplinary conditions. Enrollees
who violate these standards shall be transferred to other locations,
or dismissed, if it is determined that their retention in that particular
program, or in the Corps, will jeopardize the enforcement of such standards
or diminish the opportunities of other enrollees. Such disciplinary measures
shall be subject to expeditious appeal to the administering Secretary or
the Assistant Director (whichever the case may be).
(b) REQUIREMENT OF PAYMENT FOR CERTAIN SERVICES- A reasonable portion
of the costs of the rates for room and board provided at residential
facilities may be deducted from amounts determined under subsection (c)
and deposited into rollover funds administered by the appropriate program
agency. Such deductions and rates are to be established after evaluation of
costs of providing the services. The rollover funds established under this
subsection shall be used solely to defray the costs of room and board for
enrollees. The administering Secretary, or the Assistant Director (whichever
the case may be), and the Secretary of Defense may make available to program
agencies any surplus food and equipment available from Federal programs.
(c) SUBSISTENCE ALLOWANCE AND OTHER BENEFITS-
(1) The administering Secretary or the Assistant Director (whichever the case
may be), shall devise a schedule providing an aggregate amount of subsistence
allowances and other benefits, including education and training benefits
(such as loans, scholarships, and grants) in an amount that is equal to
not less than 100 percent and not more than 160 percent of the amount such
enrollee would have earned if such person had been paid at a rate equal
to the minimum wage under section 6(a)(1) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206(a)(1)) during the period of service of such enrollee.
(2) During the period of an enrollee's service, the enrollee shall receive,
from amounts determined under paragraph (1), an allowance (in cash or in
kind) of not less than 50 percent and not more than 100 percent of such
minimum wage, to be paid to such person during such period of service.
(3) In any case in which enrollees would perform services substantially
similar to the duties and responsibilities of a regular employee employed
by the employer to whom such enrollee is assigned, the program agency shall
ensure that the amount determined under paragraph (1) shall be based upon
a rate not less than the highest of--
(A) the minimum wage under section 6(a)(1) of the Fair Labor Standards
Act of 1938,
(B) the minimum wage under the applicable State or local minimum wage law, or
(C) the prevailing rates of pay for such regular employees of the employer.
(4) For purposes of the Fair Labor Standards Act of 1938, residential
youth service corps programs will be considered an organized camp.
(d) SERVICES, FACILITIES, AND SUPPLIES-
(1) The program agency shall provide facilities, quarters, and board (in
the case of residential facilities), limited and emergency medical care,
transportation from administrative facilities to work sites, and other
appropriate services, supplies, and equipment.
(2)(A) The administering Secretary or the Assistant Director (whichever
the case may be) may provide services, facilities, supplies, and equipment
to any program agency carrying out projects under this Act.
(B) Whenever possible, the administering Secretary or the Assistant Director
(whichever the case may be) shall make arrangements with the Secretary of
Defense to have logistical support provided by a military installation
near the work site, including the provision of temporary tent centers
where needed, and other supplies and equipment.
(e) HEALTH AND SAFETY STANDARDS- The administering Secretary or the
Assistant Director (whichever the case may be), along with the program
agency, shall establish standards and enforcement procedures concerning
enrollee health and safety for all projects, consistent with Federal,
State, and local health and safety standards.
(f) GUIDANCE AND PLACEMENT- Program agencies shall provide such job
guidance and placement information and assistance for enrollees as may
be necessary. Such assistance shall be provided in coordination with
appropriate State, local, and private agencies and organizations.

63d2eebefbcea58deec5af80ddefaa81f6a5c5e378d0fb82dd4d6b1f990639e1

(a) AGREEMENTS- Program agencies may enter into contracts and other
appropriate arrangements with local government agencies and nonprofit
organizations for the operation or management of any projects or facilities
under the program.
(b) COORDINATION- The administering Secretary or the Assistant Director
(whichever the case may be) and the chief administrators of program agencies
carrying out programs under this title shall coordinate the programs with
related Federal, State, local, and private activities.
(c) JOINT PROJECTS INVOLVING THE DEPARTMENT OF LABOR- The administering
Secretary or the Assistant Director (whichever the case may be) may develop,
jointly with the Secretary of Labor, regulations designed to allow,
where appropriate, joint projects in which activities supported by funds
authorized under this title are coordinated with activities supported
by funds authorized under employment and training statutes administered
by the Department of Labor (including the Job Training Partnership Act
(29 U.S.C. 1502 et seq.)). Such regulations shall provide standards for
approval of joint projects which meet both the purposes of this title
and the purposes of such employment and training statutes under which
funds are available to support the activities proposed for approval. Such
regulations shall also establish a single mechanism for approval of joint
projects developed at the State or local level.

41e462c1a3597ace0e099433a51cc31014af5a7c1a298739e26076df9cb5884f

BOARDS.
(a) ESTABLISHMENT- Upon the approval of a project within a State, the
State job training coordinating council within the State shall appoint an
advisory board for the purpose of conducting regular oversight and review
of projects of the American Conservation Corps and the Youth Service Corps
within the State. In particular, the advisory board shall certify that
the project satisfies the requirements and limitations under this title,
including limitations respecting the displacement of existing employees
and the types of projects and responsibilities appropriate for enrollees
in the American Conservation Corps and the Youth Service Corps. Members
of the advisory board shall also provide guidance and assistance for the
development and administration of projects.
(b) COMPOSITION- (1) Each advisory board shall be composed of not less
than 7 individuals, of whom--
(A) 2 individuals who are representatives of organized labor (one of each
representing the State and local levels), and
(B) 5 individuals, one of each of whom is a representative of the
business community, community based organizations, State government (or
an appropriate State agency), local elected office, and State or local
school administration.
(2) If more than 7 individuals are appointed to an advisory board, the
representation required by paragraph (1) shall be met, to the extent
practicable.
(c) ANNUAL MEETINGS- Each advisory board shall meet not less often than
twice annually.

500ccd187b8665aded4d1af742f2e1a3ddab1ab28c16858641fe876a5f26ef45

Enrollees, crew leaders, and volunteers are deemed as being responsible to,
or the responsibility of, the program agency administering the project on
which they work. Except as otherwise specifically provided in the following
paragraphs, enrollees and crew leaders in projects for which funds have been
authorized under section 232 shall not be deemed Federal employees and should
not be subject to the provisions of law relating to Federal employment:
(1) For purposes of subchapter I of chapter 81 of title 5, United States
Code, relating to the compensation of Federal employees for work injuries,
enrollees and crew leaders serving American Conservation and Youth Service
Corps program agencies shall be deemed employees of the United States
within the meaning of the term `employee' as defined in section 8101 of
title 5, United States Code, and the provision of that subchapter shall
apply, except--
(A) the term `performance of duty' shall not include any act of an enrollee
or crew leader while absent from his or her assigned post of duty, except
while participating in an activity authorized by or under the direction
and supervision of a program agency (including an activity while on pass
or during travel to or from such post of duty), and
(B) compensation for disability shall not begin to accrue until the
day following the date on which the injured enrollee's or crew leader's
employment is terminated.
(2) For purposes of chapter 171 of title 28, United States Code, relating to
tort claims procedure, enrollees and crew leaders on American Conservation
Corps and Youth Service Corps projects shall be deemed employees of the
United States within the meaning of the term `employee of the Government'
as defined in section 2671 of such title.
(3) For purposes of section 5911 of title 5, United States Code, relating
to allowances for quarters, enrollees and crew leaders shall be deemed
employees of the United States within the meaning of the term `employee'
as defined in that section.

97d899a7274ea5c7db539a63835acf674b94b149e9bbbd6e6bfdb10525824b78

(a) In General-
(1) SUSPENSION OF PAYMENTS- The Secretaries of Interior and Agriculture (in
the case of a program funded under part A) or the Director of the ACTION
Agency (in the case of a program funded under part B), is authorized, in
accordance with this title, to suspend payments or to terminate payments
under a contract or grant providing assistance under this title whenever
the Secretary or Director determines there is a material failure to comply
with this title or the applicable terms and conditions of any such grant
or contract issued pursuant to this title.
(2) PROCEDURES TO ENSURE ASSISTANCE- The Secretary or Director shall
prescribe procedures to ensure that--
(A) assistance under this title shall not be suspended for failure to
comply with the applicable terms and conditions of this title, except in
emergency situations for 30 days, and
(B) assistance under this title shall not be terminated for failure to
comply with applicable terms and conditions of this title unless the
recipient of such assistance has been afforded reasonable notice and
opportunity for a full and fair hearing.
(b) HEARINGS- Hearings or other meetings that may be necessary to fulfill
the requirements of this section shall be held at locations convenient to
such recipient.
(c) TRANSCRIPT OR RECORDING- A transcript or recording shall be made of a
hearing conducted under this section and shall be available for inspection
by any individual.
(d) STATE LEGISLATION- Nothing in this title shall be interpreted to
preclude the enactment of State legislation providing for the implementation,
consistent with the provisions of this title, of the programs administered
under this title.
(e) Grievance Procedure-
(1) IN GENERAL- State and local applicants funded under parts A and B
shall establish and maintain a procedure for grievances from participants,
labor organizations, and other interested individuals concerning projects
funded under this title, including grievances regarding proposed placements
of such participants.
(2) DEADLINE FOR GRIEVANCES- Except for a grievance that alleges fraud or
criminal activity, a grievance shall be made within 1 year after the date
of the alleged occurrence.
(3) DEADLINE FOR HEARING AND DECISION- A hearing on any grievance shall
be conducted within 30 days of filing such grievance and a decision shall
be made not later than 60 days after the filing of such grievance.
(4) Arbitration-
(A) IN GENERAL- On the occurrence of an adverse grievance decision, or 60
days after the filing of such grievance if no decision has been reached,
the party filing the grievance shall be permitted to submit such grievance
to binding arbitration before a qualified arbitrator who is jointly selected
and independent of the interested parties.
(B) DEADLINE FOR PROCEEDING- An arbitration proceeding shall be held within
45 days after the request for such arbitration.
(C) DEADLINE FOR DECISION- A decision on such grievance shall be made
within 30 days after the date of such arbitration proceeding.
(D) COST- The cost of such arbitration proceeding shall be divided evenly
between the parties.
(5) PROPOSED PLACEMENT- If a grievance is filed regarding a proposed
placement of a participant in a program assisted under this title, such
placement shall not be made unless it 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; and
(C) prohibition of such placement described in paragraph (5).

237e1c8c1826df42b4af19dd183143ec7ef99a12428b253e41bb1f2aada786a4

(a) NONDUPLICATION-
(1) IN GENERAL- Funds provided under this title shall be used only for
an activity that does not duplicate, and is in addition to, programs and
activities otherwise available in the locality.
(2) PRIVATE NONPROFIT ENTITY- Funds available under this title shall not
be provided to a private nonprofit entity to conduct activities that are
the same or substantially equivalent to activities provided by a State or
local government agency that such entity resides in, unless the requirements
of subsection (b) are met.
(b) NONDISPLACEMENT-
(1) IN GENERAL- An employer shall not displace an employee or position,
including partial displacement such as reduction in hours, wages,
or employment benefits, as a result of the use by such employer of a
participant in a program established under this title.
(2) SERVICE OPPORTUNITIES- A service opportunity shall not be created
under this title that will infringe in any manner upon the promotional
opportunity of an employed individual.
(3) Limitation on services-
(A) DUPLICATION OF SERVICES- A participant in a program under this title
shall not perform any services or duties or engage in activities that would
otherwise be performed by an employee as part of the assigned duties of
such employee.
(B) SUPPLANTATION OF HIRING- A participant in any program under this title
shall not perform any services or duties or engage in activities that will
supplant the hiring of employed workers.
(C) DUTIES FORMERLY PERFORMED BY ANOTHER EMPLOYEE- A participant shall not
perform services or duties that have been performed by or were assigned
to any--
(i) presently employed worker,
(ii) employee who recently resigned or was discharged,
(iii) employee who is subject to a reduction in force,
(iv) employee who is on leave (terminal, temporary, vacation, emergency,
or sick), or
(v) employee who is on strike or who is being locked out.

b46363256d1385a12353d503e851537fa93b02d4776d3ca7273a29e3efc1c29b

(a) COMPLAINTS- Each program agency shall establish and maintain a grievance
procedure for grievances and complaints about its projects from enrollees and
labor organizations and other interested persons. Hearings on any grievance
shall be conducted within 30 days of filing of a grievance and decisions
shall be made not later than 60 days after the filing of a grievance. Except
for complaints alleging fraud or criminal activity, complaints shall be
made within 1 year after the date of the alleged occurrence.
(b) INVESTIGATION BY THE ADMINISTERING SECRETARY OR THE ASSISTANT DIRECTOR-
Upon exhaustion of a grievance proceeding without decision, or where the
administering Secretary or the Assistant Director (whichever the case may be)
has reason to believe that the program agency is failing to comply with the
requirements of this title or the terms of a project, the administering
Secretary or the Assistant Director (whichever the case may be) shall
investigate the allegation or belief within the complaint and determine,
within 120 days after receiving the complaint, whether such allegation or
belief is true.

53bf99cb8d9525dcbdb6d102d425a80288e93011031da9195ac9ba3900d01979

Where any program agency has authority to use volunteer services in carrying
out functions of the agency, such agency may use volunteer services for
purposes of assisting projects carried out under this title and may expend
funds made available for those purposes to the agency, including funds made
available under this title, to provide for services or costs incidental to
the utilization of such volunteers, including transportation, supplies,
lodging, recruiting, training, and supervision. The use of volunteer
services permitted by this section shall be subject to the condition that
such use does not result in the displacement of any enrollee.

546f94856a1873156ef762c0da1640c89c336c703bec29ab7e0820aa4ea9ad46

(a) IN GENERAL- An individual with responsibility for the operation of
a project funded under this title shall not discriminate against a youth
corps member or member of the staff of such project on the basis of race,
color, national origin, sex, age, disability, or political affiliation of
such member.
(b) CONSTRUCTION UNDER CIVIL RIGHTS ACT OF 1964- For purposes of title VI
of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794), any program or project
for which any State is receiving assistance under this title shall be
considered to be receiving Federal financial assistance.
(c) RELIGIOUS DISCRIMINATION- (1) Except as provided in paragraph (2),
an individual with responsibility for the operation of a project funded
under this title shall not discriminate on the basis of religion against
a youth corps member or a member of the project staff who is paid with
funds under this title.
(2) Paragraph (1) shall not apply to the employment, with funds provided
under this title, of any member of the staff of a project funded under
this title who was employed with the organization operating the project
on the date the grant funded under this title was awarded.

76c3668d1828069a411bcca992344849994fdef376ad5b5b7128ff6fd3b257f9

The Secretary of Labor shall make available to the administering Secretary
or to the Assistant Director (whichever the case may be) and to any program
agency under this title such labor market information as is appropriate
for use in carrying out the purposes of this title.

5fdfe8820d1da71d567ade5e3e1a36cdc42cbcdc0d2a61d979504110599fb88c

(a) REPORT TO THE PRESIDENT AND CONGRESS- The administering Secretary or the
Assistant Director (whichever the case may be) shall prepare and submit to
the President and to the Congress, at least annually, a report detailing
the activities carried out under this title during the preceding fiscal
year. Such report shall be submitted not later than December 31 of each
year following the date of the enactment of the National Service Act of 1990.
(b) OVERSIGHT- Each recipient of a grant made under section 216 shall
provide oversight of service by any person in an American Conservation
Corps or Youth Service Corps project under this Act, and of the operations
of any employer of such person, in accordance with procedures established
by the administering Secretary or the Assistant Director (whichever the
case may be). Such procedures shall include fiscal control, accounting,
audit, and debt collection procedures to ensure the proper disbursal of,
and accounting for, funds received under this title. In order to carry
out this section, each such recipient shall have access to such information
concerning the operations of any sponsoring organization as the administering
Secretary or the Assistant Director (whichever the case may be) determines
to be appropriate.
(c) ANNUAL REPORT TO THE SECRETARY- Any recipient of a grant made under
this title shall prepare and submit an annual report to the administering
Secretary or the Assistant Director (whichever the case may be) on such
date as the Secretary shall determine to be appropriate. Such report
shall include--
(1) a description of activities conducted by program or project for which
such grant was awarded during the year involved,
(2) characteristics of persons serving in such program or project,
(3) characteristics of positions held by such persons,
(4) a determination of the extent to which relevant standards, as determined
by the administering Secretary or the Assistant Director (whichever the
case may be), were met by such persons and their sponsoring organizations,
(5) a description of the post-service experiences, including employment
and educational achievements, of persons who have served, during the year
that is the subject of the report, in projects under this title, and
(6) any additional information that the administering Secretary or the
Assistant Director (whichever the case may be) determines to be appropriate
for purposes of this title.
(d) RESEARCH AND EVALUATION- The administering Secretary or the Assistant
Director (whichever the case may be) shall provide for research and
evaluation to--
(1) determine costs and benefits, tangible and otherwise, of work performed
under this title and of training and employable skills and other benefits
gained by enrollees, and
(2) identify options for improving program productivity and youth benefits,
which may include alternatives for--
(A) organization, subjects, sponsorship, and funding of work projects,
(B) recruitment and personnel policies,
(C) siting and functions of facilities,
(D) work and training regimes for youth of various origins and needs, and
(E) cooperative arrangements with programs, persons, and institutions not
covered under this title.
(e) TECHNICAL ASSISTANCE- Each administering Secretary or the Assistant
Director (whichever the case may be) shall provide technical assistance
to the States, to local governments, nonprofit entities and other entities
eligible to participate under this title.

c240a892f03d23b8208d90cf97b2c881693ff4d752e19103b4d71f9b0c117433

Nothing in this title shall be interpreted to preclude the enactment of
State legislation providing for the implementation, consistent with this
title, of the programs administered under this title.

4bd641bd335f4714ceb1376829a10fe7489ca3b873044c5990bf5a36ab596a98

(a) IN GENERAL- There are authorized to be appropriated to carry out this
title, $83,000,000 for fiscal year 1991 and such sums as may be necessary
for each of the 3 succeeding fiscal years.
(b) FISCAL YEAR 1991-
(1) Of amounts appropriated for fiscal year 1991--
(A) $38,000,000 shall be allocated to carry out part A (the American
Conservation Corps),
(B) $28,000,000 shall be allocated to carry out part B (the Youth Service
Corps),
(C) $13,000,000 shall be allocated for inservice and postservice education,
and
(D) $4,000,000 shall be allocated for national and regional clearinghouses,
training and technical assistance activities, provide information and
model programs, and for grants.
(2) Funds appropriated under this section shall remain available until
expended.
(c) LIMITATION ON APPROPRIATIONS- Of amounts appropriated to carry out this
Act, funds designated for part B shall first be made available for part
A of title I of the Domestic Volunteer Service Act in an amount necessary
to provide the number of service years required for authorized fiscal year
under such Act.
(d) LIMITATIONS ON ADMINISTRATIVE EXPENSES- The regulations promulgated under
this title shall establish appropriate limitations on the administrative
expenses incurred by Federal agencies carrying out programs under this
Act, including a cost reimbursement system under which the administrative
expenses are paid under this title through reimbursement.
(e) CARRYOVER- Funds obligated for any program year may be expended by each
recipient during that program year and the two succeeding program years
and no amount shall be deobligated on account of a rate of expenditure
which is consistent with the program plan.

7fef634533a607cb64f13d11302afa80da4bd04c725e056cd6132fa29e88713e

For purposes of this title the following terms have the following meanings:
(1) The term `crew leader' means an enrollee appointed under authority
of this title for the purpose of assisting in the supervision of other
enrollees engaged in work projects pursuant to this title.
(2) The term `crew supervisor' means the adult staff person responsible
for supervising a crew of enrollees (including the crew leader).
(3) The term `economically disadvantaged' with respect to youths has the same
meaning given such term in section 4(8) of the Job Training Partnership Act
(29 U.S.C. 1503(8)).
(4) The term `employment security service' means the agency in each of the
several States with responsibility for the administration of unemployment
and employment programs and the oversight of local labor conditions.
(5) The term `enrollee' means any individual who is enrolled in the American
Conservation or in the Youth Service Corps in accordance with section 405.
(6) The term `Indian' means a person who is a member of an Indian tribe.
(7) The term `Indian lands' means any real property owned by an Indian
tribe, any real property held in trust by the United States for Indian
tribes, and any real property held by Indian tribes which is subject to
restrictions on alienation imposed by the United States.
(8) The term `Indian tribe' means any Indian tribe, band, nation, or
other group which is recognized as an Indian tribe by the Secretary of
the Interior. Such term also includes any Native village corporation,
regional corporation, and Native group established pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1701 et seq.).
(9) The term `public lands' means any lands or waters (or interest
therein) owned or administered by the United States or by any agency or
instrumentality of a State or local government.
(10) The term `State' means each of the several States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Northern Mariana Islands, the Trust Territory of the
Pacific Islands, and any other territory or possession of the United States.
(11) The term `displacement' includes, but is not limited to, any partial
displacement through reduction of nonovertime hours, wages, or employment
benefits.
(12) The term `program' means activities carried out under part A or part B.
(13) The term `administering Secretary' means for purposes of part A the
Secretary of the Interior (in the case of any lands or programs involving
the Department of the Interior), or the Secretary of Agriculture (in the
case of lands or programs involving the Department of Agriculture).
(14) The term `program agency' means--
(A) any Federal or State agency designated to manage any program in that
State, or
(B) the governing body of any Indian tribe.
(15) The term `chief administrator' means the head of any program agency.
(16) The term `applying entity' means any program agency or any nonprofit
organization which applies for a grant under section 216.
(17) The term `project' means any activity (or group of activities) which
result in a specific identifiable service or product that otherwise would
not be done with existing funds, and which shall not duplicate the routine
services or functions of the employer to whom enrollees are assigned. In
any case where participant activities overlap with the routine services
or functions of an employer, no participant shall work in the same project
for more than 6 months.
PART E--YOUTH SERVICE CLEARINGHOUSES

d9d4158af4f76e389ff8618ff62aa4bec9e8ddaf35a189e1cdc9132c1e61da7d

(a) IN GENERAL- The Secretary of the Interior and the Director of the
Action Agency are each authorized to provide financial assistance to 1 or
more national or regional clearinghouses on youth corps and youth service.
(b) PUBLIC AND PRIVATE NONPROFIT AGENCIES- Public and private nonprofit
agencies with extensive experience in youth corps and youth service
programming may apply for financial assistance under subsection (a)
for clearinghouses.
(c) FUNCTION- National and regional clearinghouses assisted under subsection
(a) shall--
(1) provide information, curriculum materials, technical assistance on
program planning and operation, and training to States and local entities
eligible to receive funds under this title,
(2) gather and disseminate information on successful programs, components
of successful programs, innovative youth skills curriculum, and projects
being implemented nationwide, and
(3) make recommendations to States, local entities, and agencies on quality
controls to improve program delivery and on changes in the programs under
this title.
PART F--COMMUNITY ACTION AGENCIES
For purposes of this title and the amendments made by this title, the
terms `community-based organization' and `nonprofit organization' include
a community action agency.

4042d406b48ec9f9d2322afc223ccf4fea9bfc4e4e150fe871fdb6b6f2c33a3c

DONATION ACT.
(a) IN GENERAL- It is the sense of Congress that each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rice, and the territories
and possessions of the United States should--
(1) encourage the donation of apparently wholesome food or grocery products
to nonprofit organizations for distribution to needy individuals; and
(2) consider the model Good Samaritan Food Donation Act (provided in section
302) as a means of encouraging the donation of food and grocery products.
(b) DISTRIBUTION OF COPIES- The Archivist of the United States shall
distribute a copy of this Act to the chief executive officer of each of
the 50 States, the District of Columbia, the Commonwealth of Puerto Rico,
and the territories and possessions of the United States.

f3ab9b3ff5690a045e3700edd0783afd6deffe250043ecd796e2d7c75b6084c0

TITLE III

-PROPOSED MODEL GOOD SAMARITAN FOOD DONATION ACT

(a) SHORT TITLE- This section may be cited as the `Good Samaritan Food
Donation Act'.
(b) DEFINITIONS- As used in this section:
(1) APPARENTLY FIT GROCERY PRODUCT- The term `apparently fit grocery
product' means a grocery product that meets all quality and labeling
standards imposed by Federal, State, and local laws and regulations even
though the product may not be readily marketable due to appearance, age,
freshness, grade, size, surplus, or other condition.
(2) APPARENTLY WHOLESOME FOOD- The term `apparently wholesome food' means
food that meets all quality and labeling standards imposed by Federal,
State, and local laws and regulations even though the food may not be
readily marketable due to appearance, age, freshness, grade, size, surplus,
or other condition.
(3) DONATE- The term `donate' means to give without requiring anything
of monetary value from the recipient, except that the term shall include
giving by a nonprofit organization to another nonprofit organization,
notwithstanding that the donor organization has charged a nominal fee to
the donee organization, if the ultimate recipient or user is not required
to give anything of monetary value.
(4) FOOD- The term `food' means any raw, cooked, processed, or prepared
edible substance, ice, beverage, or ingredient used or intended for use
in whole or in part for human consumption.
(5) GLEANER- The term `gleaner' means a person who harvests for free
distribution to the needy, or for donation to a nonprofit organization
for ultimate distribution to the needy, an agricultural crop that has been
donated by the owner.
(6) GROCERY PRODUCT- The term `grocery product' means a nonfood grocery
product, including a disposable paper or plastic product, household
cleaning product, laundry detergent, cleaning product, or miscellaneous
household item.
(7) GROSS NEGLIGENCE- The term `gross negligence' means voluntary and
conscious conduct by a person with knowledge (at the time of the conduct)
that the conduct is likely to be harmful to the health or well-being of
another person.
(8) INTENTIONAL MISCONDUCT- The term `intentional misconduct' means conduct
by a person with knowledge (at the time of the conduct) that the conduct
is harmful to the health or well-being of another person.
(9) NONPROFIT ORGANIZATION- The term `nonprofit organization' means an
incorporated or unincorporated entity that--
(A) is operating for religious, charitable, or educational purposes; and
(B) does not provide net earnings to, or operate in any other manner
that inures to the benefit of, any officer, employee, or shareholder of
the entity.
(10) PERSON- The term `person' means an individual, corporation, partnership,
organization, association, or governmental entity, including a retail
grocer, wholesaler, hotel, motel, manufacturer, restaurant, caterer, farmer,
and nonprofit food distributor or hospital. In the case of a corporation,
partnership, organization, association, or governmental entity, the term
includes an officer, director, partner, deacon, trustee, council member,
or other elected or appointed individual responsible for the governance
of the entity.
(c) LIABILITY FOR DAMAGES FROM DONATED FOOD AND GROCERY PRODUCTS- A person
or gleaner shall not be subject to civil or criminal liability arising from
the nature, age, packaging, or condition of apparently wholesome food or
an apparently fit grocery product that the person or gleaner donates in
good faith to a nonprofit organization for ultimate distribution to needy
individuals, except that this paragraph shall not apply to an injury to or
death of an ultimate user or recipient of the food or grocery product that
results from an act or omission of the donor constituting gross negligence
or intentional misconduct.
(d) COLLECTION OR GLEANING OF DONATIONS- A person who allows the collection
or gleaning of donations on property owned or occupied by the person or
gleaners, or paid or unpaid representatives of a nonprofit organization,
for ultimate distribution to needy individuals shall not be subject to
civil or criminal liability that arises due to the injury or death of
the gleaner or representative, except that this paragraph shall not apply
to an injury or death that results from an act or omission of the person
constituting gross negligence or intentional misconduct.
(e) PARTIAL COMPLIANCE- If some or all of the donated food and grocery
products do not meet all quality and labeling standards imposed by Federal,
State, and local laws and regulations, the person or gleaner who donates
the food and grocery products shall not be subject to civil or criminal
liability in accordance with this section if the nonprofit organization
that receives the donated food or grocery products--
(1) is informed by the donor of the distressed or defective condition of
the donated food or grocery products;
(2) agrees to recondition the donated food or grocery products to comply
with all the quality and labeling standards prior to distribution; and
(3) is knowledgeable of the standards to properly recondition the donated
food or grocery product.
(f) CONSTRUCTION- This section shall not be construed to create any
liability.

8da270ba7eb3db0d341accfff5f3e784de3807697ad954308c3307839afcfaf9

The model Good Samaritan Food Donation Act (provided in section 302) is
intended only to serve as a model law for enactment by the States, the
District of Columbia, the Commonwealth of Puerto Rico, and the territories
and possessions of the United States. The enactment of section 302 shall
have no force or effect in law.

3b028620e31252aeb1bddfa02c3540ce11d3007f0df72c4e478f0190c1d714e4

(a) REGISTRATION REQUIRED- An individual who--
(1) is or was required to register under section 3 of the Military Selective
Service Act (50 U.S.C. App. 453); and
(2) is not so registered or knowingly and willfully did not so register
before the requirement terminated or became in applicable to the individual,
shall not be eligible to participate in a service program established under
this Act.
(b) ENFORCEMENT- The head of each agency of the Federal Government
administering a service program under this Act shall ensure that each
individual participating in that service program has not violated section 3
of the Military Selective Service Act (50 U.S.C. App. 453) by not submitting
to registration as required under that section.

ba9ebf92167cf79fc56372b392279edb04acb0d3a90a4beb9e3bc6c3e70d28be

TITLE IV

-MILITARY SELECTIVE SERVICE PROVISIONS

(a) DETERMINATION BY THE SECRETARY- If the Secretary of Education,
with the concurrence of the Secretary of Commerce and the United States
Trade Representative, determines that the public interest so desires,
the Commission is authorized to award to a domestic firm a contract made
pursuant to the issuance of any grant made under this Act that, under the
use of competitive procedures, would be awarded to a foreign firm, if--
(1) the final product of the domestic firm will be completely assembled
in the United States;
(2) when completely assembled, not less than 51 percent of the final
product of the domestic firm will be domestically produced; and
(3) the difference between the bids submitted by the foreign and domestic
firms is not more than 6 percent.
In determining under this subsection whether the public interest so requires,
the Secretary shall take into account United States international obligations
and trade relations.
(b) LIMITED APPLICATION- This section shall not apply to the extent
to which--
(1) such applicability would not be in the public interest;
(2) compelling national security considerations require otherwise; or
(3) the United States Trade Representative determines that such an award
would be in violation of the General Agreement on Tariffs and Trade or an
international agreement to which the United States is a party.
(c) LIMITATION- This section shall apply only to contracts made related
to the issuance of any grant or contract made under this Act for which--
(1) amounts are authorized by this Act (including the amendments made by
this act) to be made available; and
(2) solicitation for bids are issued after the date of the enactment of
this Act.
(d) REPORT TO CONGRESS- The Secretary shall report to the Congress on
contracts covered under this section and entered into with foreign entities
in fiscal years 1990 and 1991 and shall report to the Congress on the number
of Contracts that meet the requirements of subsection (a) but which are
determined by the United States Trade Representative to be in violation
of the General Agreement or an international agreement to which the United
States is a party. The Secretary shall also report to the Congress on the
number of contracts covered under this Act (including the amendments made
by this Act) and awarded based upon the parameters of this section.
(e) DEFINITIONS- For purposes of this section--
(1) SECRETARY- The term `Secretary' means the Secretary of Education.
(2) DOMESTIC FIRM- The term `Domestic Firm' means a business entity that
is incorporated in the United States and that conducts business operations
in the United States.
(3) FOREIGN FIRM- The term `foreign firm' means a business entity not
described in paragraph (2).

54a232d0e1f1b2cb2cdc1a1e6d64ced46e2f390d9cec9036563ef5c3bdea28d0

TITLE V

-MISCELLANEOUS

No individual may be assisted under title I, subpart 4 of this Act if
such individual has been convicted of use, possession or distribution of
Controlled Substances.
Amend the title so as to read: `An Act to establish school-based and higher
education community service programs, to establish youth service programs,
and for other purposes.'.
Attest:
Clerk.
S 1430 EAH----2
S 1430 EAH----3
S 1430 EAH----4
S 1430 EAH----5
S 1430 EAH----6
S 1430 EAH----7
S 1430 EAH----8
S 1430 EAH----9

4947c1ca936d5abfa1f073acc85b01e5e644d07988d4fa454d55c2bc97b2a2e3

Good Samaritan Food Donation Act — S. 1430

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

TITLE V

Want the full experience?