H.R. 1388 (111th): Serve America Act

111^th Congress, 2009–2010. Text as of Jan 01, 2010 (Passed Congress/Enrolled Bill).

H.R.1388

One Hundred Eleventh Congress
of the
United States of America
AT THE FIRST SESSION Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and nine
An Act
Entitled The Edward M. Kennedy Serve America Act, an Act to reauthorize and reform the national service laws

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

Sec. 1. Short title; table of contents.

TITLE I--AMENDMENTS TO NATIONAL AND COMMUNITY SERVICE ACT OF 1990

Sec. 1001. References.

Subtitle A--Amendments to Subtitle A (General Provisions)

Subtitle B--Amendments to Subtitle B (Learn and Serve America)

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

Subtitle D--Amendments to Subtitle D (National Service Trust and Provision of National Service Educational Awards)

Subtitle E--Amendments to Subtitle E (National Civilian Community Corps)

Subtitle F--Amendments to Subtitle F (Administrative Provisions)

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

Subtitle H--Amendments to Subtitle H (Investment for Quality and Innovation)

Subtitle I--Training and Technical Assistance

Sec. 1821. Training and technical assistance.

Subtitle J--Repeal of Title III (Points of Light Foundation)

Sec. 1831. Repeal.

Subtitle K--Amendments to Title V (Authorization of Appropriations)

Sec. 1841. Authorization of appropriations.

TITLE II--DOMESTIC VOLUNTEER SERVICE ACT OF 1973

Subtitle A--National Volunteer Antipoverty Programs

Chapter 1--Volunteers in Service to America

Chapter 2--University Year for VISTA

Sec. 2121. University year for VISTA.

Chapter 3--Special Volunteer Programs

Subtitle B--National Senior Service Corps

Subtitle C--Administration and Coordination

Subtitle D--Authorization of Appropriations

Sec. 2161. Authorizations of appropriations.

TITLE III--TECHNICAL AMENDMENTS TO TABLES OF CONTENTS

TITLE IV--AMENDMENTS TO OTHER LAWS

Sec. 4101. Inspector General Act of 1978.

TITLE V--VOLUNTEERS FOR PROSPERITY PROGRAM

TITLE VI--EFFECTIVE DATE

TITLE I--AMENDMENTS TO NATIONAL AND COMMUNITY SERVICE ACT OF 1990

SEC. 1001. REFERENCES.

Except as otherwise specifically provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the amendment or repeal shall be considered to be made to a provision of the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.).

Subtitle A--Amendments to Subtitle A (General Provisions)

SEC. 1101. PURPOSES.

‘(9) expand and strengthen service-learning programs through year-round opportunities, including opportunities during the summer months, to improve the education of children and youth and to maximize the benefits of national and community service, in order to renew the ethic of civic responsibility and the spirit of community for children and youth throughout the United States;
‘(10) assist in coordinating and strengthening Federal and other service opportunities, including opportunities for participation in emergency and disaster preparedness, relief, and recovery;
‘(11) increase service opportunities for the Nation’s retiring professionals, including such opportunities for those retiring from the science, technical, engineering, and mathematics professions, to improve the education of the Nation’s youth and keep America competitive in the global knowledge economy, and to further utilize the experience, knowledge, and skills of older individuals;
‘(12) encourage the continued service of the alumni of the national service programs, including service in times of national need;
‘(13) encourage individuals age 55 or older to partake of service opportunities;
‘(14) focus national service on the areas of national need such service has the capacity to address, such as improving education, increasing energy conservation, improving the health status of economically disadvantaged individuals, and improving economic opportunity for economically disadvantaged individuals;
‘(15) recognize and increase the impact of social entrepreneurs and other nonprofit community organizations in addressing national and local challenges;
‘(16) increase public and private investment in nonprofit community organizations that are effectively addressing national and local challenges and encourage such organizations to replicate and expand successful initiatives;
‘(17) leverage Federal investments to increase State, local, business, and philanthropic resources to address national and local challenges;
‘(18) support institutions of higher education that engage students in community service activities and provide high-quality service-learning opportunities; and
‘(19) recognize the expertise veterans can offer to national service programs, expand the participation of the veterans in the national service programs, and assist the families of veterans and members of the Armed Forces on active duty.’.

SEC. 1102. DEFINITIONS.

‘(30) ALASKA NATIVE-SERVING INSTITUTION- The term ‘Alaska Native-serving institution’ has the meaning given the term in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)).
‘(31) APPROVED SILVER SCHOLAR POSITION- The term ‘approved silver scholar position’ means a position, in a program described in section 198C(a), for which the Corporation has approved the provision of a silver scholarship educational award as one of the benefits to be provided for successful service in the position.
‘(32) APPROVED SUMMER OF SERVICE POSITION- The term ‘approved summer of service position’ means a position, in a program described in section 119(c)(8), for which the Corporation has approved the provision of a summer of service educational award as one of the benefits to be provided for successful service in the position.
‘(33) ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC ISLANDER-SERVING INSTITUTION- The term ‘Asian American and Native American Pacific Islander-serving institution’ has the meaning given the term in section 320(b) of the Higher Education Act of 1965 (20 U.S.C. 1059g(b)).
‘(34) AUTHORIZING COMMITTEES- The term ‘authorizing committees’ means the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
‘(35) COMMUNITY-BASED ENTITY- The term ‘community-based entity’ means a public or private nonprofit organization that--

‘(A) has experience with meeting unmet human, educational, environmental, or public safety needs; and
‘(B) meets other such criteria as the Chief Executive Officer may establish.
‘(36) DISADVANTAGED YOUTH- The term ‘disadvantaged youth’ includes those youth who are economically disadvantaged and 1 or more of the following:

‘(A) Who are out-of-school youth, including out-of-school youth who are unemployed.
‘(B) Who are in or aging out of foster care.
‘(C) Who have limited English proficiency.
‘(D) Who are homeless or who have run away from home.
‘(E) Who are at-risk to leave secondary school without a diploma.
‘(F) Who are former juvenile offenders or at risk of delinquency.
‘(G) Who are individuals with disabilities.
‘(37) ENCORE SERVICE PROGRAM- The term ‘encore service program’ means a program, carried out by an eligible entity as described in subsection (a), (b), or (c) of section 122, that--

‘(A) involves a significant number of participants age 55 or older in the program; and
‘(B) takes advantage of the skills and experience that such participants offer in the design and implementation of the program.
‘(38) HISPANIC-SERVING INSTITUTION- The term ‘Hispanic-serving institution’ has the meaning given such term in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)).
‘(39) HISTORICALLY BLACK COLLEGE OR UNIVERSITY- The term ‘historically black college or university’ means a part B institution, as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
‘(40) MEDICALLY UNDERSERVED POPULATION- The term ‘medically underserved population’ has the meaning given that term in section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3)).
‘(41) NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTION- The term ‘Native American-serving, nontribal institution’ has the meaning given the term in section 319(b) of the Higher Education Act of 1965 (20 U.S.C. 1059f(b)).
‘(42) NATIVE HAWAIIAN-SERVING INSTITUTION- The term ‘Native Hawaiian-serving institution’ has the meaning given the term in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)).
‘(43) PREDOMINANTLY BLACK INSTITUTION- The term ‘Predominantly Black Institution’ has the meaning given the term in section 318 of the Higher Education Act of 1965 (20 U.S.C. 1059e).
‘(44) PRINCIPLES OF SCIENTIFIC RESEARCH- The term ‘principles of scientific research’ means principles of research that--

‘(A) apply rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to the subject matter involved;
‘(B) present findings and make claims that are appropriate to, and supported by, the methods that have been employed; and
‘(C) include, appropriate to the research being conducted--

‘(i) use of systematic, empirical methods that draw on observation or experiment;
‘(ii) use of data analyses that are adequate to support the general findings;
‘(iii) reliance on measurements or observational methods that provide reliable and generalizable findings;
‘(iv) strong claims of causal relationships, only with research designs that eliminate plausible competing explanations for observed results, such as, but not limited to, random-assignment experiments;
‘(v) presentation of studies and methods in sufficient detail and clarity to allow for replication or, at a minimum, to offer the opportunity to build systematically on the findings of the research;
‘(vi) acceptance by a peer-reviewed journal or critique by a panel of independent experts through a comparably rigorous, objective, and scientific review; and
‘(vii) consistency of findings across multiple studies or sites to support the generality of results and conclusions.

‘(45) QUALIFIED ORGANIZATION- The term ‘qualified organization’ means a public or private nonprofit organization with experience working with school-age youth that meets such criteria as the Chief Executive Officer may establish.
‘(46) SCIENTIFICALLY VALID RESEARCH- The term ‘scientifically valid research’ includes applied research, basic research, and field-initiated research in which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific research.
‘(47) TERRITORY- The term ‘territory’ means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
‘(48) TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY- The term ‘tribally controlled college or university’ has the meaning given such term in section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801).
‘(49) VETERAN- The term ‘veteran’ has the meaning given the term in section 101 of title 38, United States Code.’.

Subtitle B--Amendments to Subtitle B (Learn and Serve America)

SEC. 1201. SCHOOL-BASED ALLOTMENTS.

Part I of subtitle B of title I (42 U.S.C. 12521 et seq.) is amended to read as follows:

‘PART I--PROGRAMS FOR ELEMENTARY AND SECONDARY SCHOOL STUDENTS

‘SEC. 111. PURPOSE.
‘The purpose of this part is to promote service-learning as a strategy to--

‘(1) support high-quality service-learning projects that engage students in meeting community needs with demonstrable results, while enhancing students’ academic and civic learning; and
‘(2) support efforts to build institutional capacity, including the training of educators, and to strengthen the service infrastructure to expand service opportunities.

‘SEC. 111A. DEFINITIONS.

‘In this part:

‘(1) STATE- The term ‘State’ means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.
‘(2) STATE EDUCATIONAL AGENCY- The term ‘State educational agency’ means--

‘(A) a State educational agency (as defined in section 101) of a State; or
‘(B) for a State in which a State educational agency described in subparagraph (A) has designated a statewide entity under section 112(e), that designated statewide entity.

‘SEC. 112. ASSISTANCE TO STATES, TERRITORIES, AND INDIAN TRIBES.
‘(a) Allotments to States, Territories, and Indian Tribes- The Corporation, in consultation with the Secretary of Education, may make allotments to State educational agencies, territories, and Indian tribes to pay for the Federal share of--

‘(1) planning and building the capacity within the State, territory, or Indian tribe involved to implement service-learning programs that are based principally in elementary schools and secondary schools, including--

‘(A) providing training and professional development for teachers, supervisors, personnel from community-based entities (particularly with regard to the recruitment, utilization, and management of participants), and trainers, to be conducted by qualified individuals or organizations that have experience with service-learning;
‘(B) developing service-learning curricula, consistent with State or local academic content standards, to be integrated into academic programs, including curricula for an age-appropriate learning component that provides participants an opportunity to analyze and apply their service experiences;
‘(C) forming local partnerships described in paragraph (2) or (4)(D) to develop school-based service-learning programs in accordance with this part;
‘(D) devising appropriate methods for research on and evaluation of the educational value of service-learning and the effect of service-learning activities on communities;
‘(E) establishing effective outreach and dissemination of information to ensure the broadest possible involvement of community-based entities with demonstrated effectiveness in working with school-age youth in their communities; and
‘(F) establishing effective outreach and dissemination of information to ensure the broadest possible participation of schools throughout the State, throughout the territory, or serving the Indian tribe involved with particular attention to schools not making adequate yearly progress for two or more consecutive years under section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.);
‘(2) implementing, operating, or expanding school-based service-learning programs, which may include paying for the cost of the recruitment, training, supervision, placement, salaries, and benefits of service-learning coordinators, through distribution by State educational agencies, territories, and Indian tribes of Federal funds made available under this part to projects operated by local partnerships among--

‘(A) local educational agencies; and
‘(B) 1 or more community partners that--

‘(i) shall include a public or private nonprofit organization that--

‘(I) has a demonstrated expertise in the provision of services to meet unmet human, education, environmental, or public safety needs;
‘(II) will make projects available for participants, who shall be students; and
‘(III) was in existence at least 1 year before the date on which the organization submitted an application under section 113; and
‘(ii) may include a private for-profit business, private elementary school or secondary school, or Indian tribe (except that an Indian tribe distributing funds to a project under this paragraph is not eligible to be part of the partnership operating that project);

‘(3) planning of school-based service-learning programs, through distribution by State educational agencies, territories, and Indian tribes of Federal funds made available under this part to local educational agencies and Indian tribes, which planning may include paying for the cost of--

‘(A) the salaries and benefits of service-learning coordinators; or
‘(B) the recruitment, training and professional development, supervision, and placement of service-learning coordinators who may be participants in a program under subtitle C or receive a national service educational award under subtitle D, who may be participants in a project under section 201 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5001), or who may participate in a Youthbuild program under section 173A of the Workforce Investment Act of 1998 (29 U.S.C. 2918a),
who will identify the community partners described in paragraph (2)(B) and assist in the design and implementation of a program described in paragraph (2);
‘(4) implementing, operating, or expanding school-based service-learning programs to utilize adult volunteers in service-learning to improve the education of students, through distribution by State educational agencies, territories, and Indian tribes of Federal funds made available under this part to--

‘(A) local educational agencies;
‘(B) Indian tribes (except that an Indian tribe distributing funds under this paragraph is not eligible to be a recipient of those funds);
‘(C) public or private nonprofit organizations; or
‘(D) partnerships or combinations of local educational agencies, and entities described in subparagraph (B) or (C); and
‘(5) developing, as service-learning programs, civic engagement programs that promote a better understanding of--

‘(A) the principles of the Constitution, the heroes of United States history (including military heroes), and the meaning of the Pledge of Allegiance;
‘(B) how the Nation’s government functions; and
‘(C) the importance of service in the Nation’s character.

‘(b) Duties of Service-Learning Coordinator- A service-learning coordinator referred to in paragraph (2) or (3) of subsection (a) shall provide services to a local partnership described in subsection (a)(2) or entity described in subsection (a)(3), respectively, that may include--

‘(1) providing technical assistance and information to, and facilitating the training of, teachers and assisting in the planning, development, execution, and evaluation of service-learning in their classrooms;
‘(2) assisting local partnerships described in subsection (a)(2) in the planning, development, and execution of service-learning projects, including summer of service programs;
‘(3) assisting schools and local educational agencies in developing school policies and practices that support the integration of service-learning into the curriculum; and
‘(4) carrying out such other duties as the local partnership or entity, respectively, may determine to be appropriate.
‘(c) Related Expenses- An entity that receives financial assistance under this part from a State, territory, or Indian tribe may, in carrying out the activities described in subsection (a), use such assistance to pay for the Federal share of reasonable costs related to the supervision of participants, program administration, transportation, insurance, and evaluations and for other reasonable expenses related to the activities.
‘(d) Special Rule- A State educational agency described in section 111A(2)(A) may designate a statewide entity (which may be a community-based entity) with demonstrated experience in supporting or implementing service-learning programs, to receive the State educational agency’s allotment under this part, and carry out the functions of the agency under this part.
‘(e) Consultation With Secretary of Education- The Corporation is authorized to enter into agreements with the Secretary of Education for initiatives (and may use funds authorized under section 501(a)(6) to enter into the agreements if the additional costs of the initiatives are warranted) that may include--

‘(1) identification and dissemination of research findings on service-learning and scientifically valid research based practices for service-learning; and
‘(2) provision of professional development opportunities that--

‘(A) improve the quality of service-learning instruction and delivery for teachers both preservice and in-service, personnel from community-based entities and youth workers; and
‘(B) create and sustain effective partnerships for service-learning programs between local educational agencies, community-based entities, businesses, and other stakeholders.

‘SEC. 112A. ALLOTMENTS.

‘(a) Indian Tribes and Territories- Of the amounts appropriated to carry out this part for any fiscal year, the Corporation shall reserve an amount of not less than 2 percent and not more than 3 percent for payments to Indian tribes, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be allotted in accordance with their respective needs.
‘(b) Allotments Through States-

‘(1) IN GENERAL- After reserving an amount under subsection (a), the Corporation shall use the remainder of the funds appropriated to carry out this part for the fiscal year as follows:

‘(A) ALLOTMENTS BASED ON SCHOOL-AGE YOUTH- From 50 percent of such remainder, the Corporation shall allot to each State an amount that bears the same ratio to 50 percent of such remainder as the number of school-age youth in the State bears to the total number of school-age youth in all States.
‘(B) ALLOTMENTS BASED ON ALLOCATIONS UNDER ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965- From 50 percent of such remainder, the Corporation shall allot to each State an amount that bears the same ratio to 50 percent of such remainder as the allocation to the State for the previous fiscal year under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) bears to the total of such allocations to all States.
‘(2) MINIMUM AMOUNT- For any fiscal year for which amounts appropriated for this subtitle exceed $50,000,000, the minimum allotment to each State under paragraph (1) shall be $75,000.
‘(c) Reallotment- If the Corporation determines that the allotment of a State, territory, or Indian tribe under this section will not be required for a fiscal year because the State, territory, or Indian tribe did not submit and receive approval of an application for the allotment under section 113, the Corporation shall make the allotment for such State, territory, or Indian tribe available for grants to community-based entities to carry out service-learning programs as described in section 112(b) in such State, in such territory, or for such Indian tribe. After community-based entities apply for grants from the allotment, by submitting an application at such time and in such manner as the Corporation requires, and receive approval, the remainder of such allotment shall be available for reallotment to such other States, territories, or Indian tribes with approved applications submitted under section 113 as the Corporation may determine to be appropriate.

‘SEC. 113. APPLICATIONS.
‘(a) Applications to Corporation for Allotments-

‘(1) IN GENERAL- To be eligible to receive an allotment under section 112A, a State, acting through the State educational agency, territory, or Indian tribe shall prepare and submit to the Corporation an application at such time and in such manner as the Chief Executive Officer may reasonably require, and obtain approval of the application.
‘(2) CONTENTS- An application for an allotment under section 112 shall include--

‘(A) a proposal for a 3-year plan promoting service-learning, which shall contain such information as the Chief Executive Officer may reasonably require, including how the applicant will integrate service opportunities into the academic program of the participants;
‘(B) information about the criteria the State educational agency, territory, or Indian tribe will use to evaluate and grant approval to applications submitted under subsection (b), including an assurance that the State educational agency, territory, or Indian tribe will comply with the requirement in section 114(a);
‘(C) assurances about the applicant’s efforts to--

‘(i) ensure that students of different ages, races, sexes, ethnic groups, disabilities, and economic backgrounds have opportunities to serve together;
‘(ii) include any opportunities for students, enrolled in schools or programs of education providing elementary or secondary education, to participate in service-learning programs and ensure that such service-learning programs include opportunities for such students to serve together;
‘(iii) involve participants in the design and operation of the programs;
‘(iv) promote service-learning in areas of greatest need, including low-income or rural areas; and
‘(v) otherwise integrate service opportunities into the academic program of the participants; and
‘(D) assurances that the applicant will comply with the nonduplication and nondisplacement requirements of section 177 and the notice, hearing, and grievance procedures required by section 176.

‘(b) Application to State, Territory, or Indian Tribe for Assistance To Carry Out School-Based Service-Learning Programs-

‘(1) IN GENERAL- Any--

‘(A) qualified organization, Indian tribe, territory, local educational agency, for-profit business, private elementary school or secondary school, or institution of higher education that desires to receive financial assistance under this subpart from a State, territory, or Indian tribe for an activity described in section 112(a)(1);
‘(B) partnership described in section 112(a)(2) that desires to receive such assistance from a State, territory, or Indian tribe for an activity described in section 112(a)(2);
‘(C) entity described in section 112(a)(3) that desires to receive such assistance from a State, territory, or Indian tribe for an activity described in such section;
‘(D) entity or partnership described in section 112(a)(4) that desires to receive such assistance from a State, territory, or Indian tribe for an activity described in such section; and
‘(E) entity that desires to receive such assistance from a State, territory, or Indian tribe for an activity described in section 111(a)(5),
shall prepare, submit to the State educational agency for the State, territory, or Indian tribe, and obtain approval of, an application for the program.
‘(2) SUBMISSION- Such application shall be submitted at such time and in such manner, and shall contain such information, as the agency, territory, or Indian tribe may reasonably require.

‘SEC. 114. CONSIDERATION OF APPLICATIONS.
‘(a) Criteria for Local Applications- In providing assistance under this part, a State educational agency, territory, or Indian tribe (or the Corporation if section 112A(c) applies) shall consider criteria with respect to sustainability, replicability, innovation, and quality of programs.
‘(b) Priority for Local Applications- In providing assistance under this part, a State educational agency, territory, or Indian tribe (or the Corporation if section 112A(c) applies) shall give priority to entities that submit applications under section 113 with respect to service-learning programs described in section 111 that are in the greatest need of assistance, such as programs targeting low-income areas or serving economically disadvantaged youth.
‘(c) Rejection of Applications to Corporation- If the Corporation rejects an application submitted by a State, territory, or Indian tribe under section 113 for an allotment, the Corporation shall promptly notify the State, territory, or Indian tribe of the reasons for the rejection of the application. The Corporation shall provide the State, territory, or Indian tribe with a reasonable opportunity to revise and resubmit the application and shall provide technical assistance, if needed, to the State, territory, or Indian tribe as part of the resubmission process. The Corporation shall promptly reconsider such resubmitted application.

‘SEC. 115. PARTICIPATION OF STUDENTS AND TEACHERS FROM PRIVATE SCHOOLS.
‘(a) In General- To the extent consistent with the number of students in the State, in the territory, or served by the Indian tribe or in the school district of the local educational agency involved who are enrolled in private nonprofit elementary schools and secondary schools, such State, territory, or Indian tribe, or agency shall (after consultation with appropriate private school representatives) make provision--

‘(1) for the inclusion of services and arrangements for the benefit of such students so as to allow for the equitable participation of such students in the programs implemented to carry out the objectives and provide the benefits described in this part; and
‘(2) for the training of the teachers of such students so as to allow for the equitable participation of such teachers in the programs implemented to carry out the objectives and provide the benefits described in this part.
‘(b) Waiver- If a State, territory, Indian tribe, or local educational agency is prohibited by law from providing for the participation of students or teachers from private nonprofit schools as required by subsection (a), or if the Corporation determines that a State, territory, Indian tribe, or local educational agency substantially fails or is unwilling to provide for such participation on an equitable basis, the Chief Executive Officer shall waive such requirements and shall arrange for the provision of services to such students and teachers.

‘SEC. 116. FEDERAL, STATE, AND LOCAL CONTRIBUTIONS.
‘(a) Corporation Share-

‘(1) IN GENERAL- The Corporation share of the cost of carrying out a program for which a grant is made from an allotment under this part--

‘(A) for new grants may not exceed 80 percent of the total cost of the program for the first year of the grant period, 65 percent for the second year, and 50 percent for each remaining year; and
‘(B) for continuing grants, may not exceed 50 percent of the total cost of the program.
‘(2) NONCORPORATION CONTRIBUTION- In providing for the remaining share of the cost of carrying out such a program, each recipient of such a grant under this part--

‘(A) shall provide for such share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services;
‘(B) except as provided in subparagraph (C), may provide for such share through Federal, State, or local sources, including private funds or donated services; and
‘(C) may not provide for such share through Federal funds made available under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) or the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).

‘(b) Waiver- The Chief Executive Officer may waive the requirements of subsection (a) in whole or in part with respect to any such program for any fiscal year, on a determination that such a waiver would be equitable due to a lack of resources at the local level.

‘SEC. 117. LIMITATIONS ON USES OF FUNDS.
‘Not more than 6 percent of the amount of assistance received by a State, territory, or Indian tribe that is the original recipient of an allotment under this part for a fiscal year may be used to pay, in accordance with such standards as the Corporation may issue, for administrative costs, incurred by that recipient.’.

SEC. 1202. HIGHER EDUCATION PROVISIONS.

‘(C) the institution or partnership may coordinate with service-learning curricula being offered in the academic curricula at the institution of higher education or at 1 or more members of the partnership;’; and

‘(B) including service-learning as a component of other curricula or academic programs (other than education curricula or programs), such as curricula or programs relating to nursing, medicine, criminal justice, or public policy; and’;

‘(c) Federal, State, and Local Contributions-

‘(1) FEDERAL SHARE-

‘(A) IN GENERAL- The Federal share of the cost of carrying out a program for which assistance is provided under this part may not exceed 50 percent of the total cost of the program.
‘(B) NON-FEDERAL CONTRIBUTION- In providing for the remaining share of the cost of carrying out such a program, each recipient of a grant or contract under this part--

‘(i) shall provide for such share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services; and
‘(ii) may provide for such share through State sources or local sources, including private funds or donated services.

‘(2) WAIVER- The Chief Executive Officer may waive the requirements of paragraph (1) in whole or in part with respect to any such program for any fiscal year if the Corporation determines that such a waiver would be equitable due to a lack of available financial resources at the local level.
‘(d) Application for Grant-

‘(1) SUBMISSION- To receive a grant or enter into a contract under this part, an institution or partnership shall prepare and submit to the Corporation, an application at such time, in such manner, and containing such information and assurances as the Corporation may reasonably require, and obtain approval of the application. In requesting applications for assistance under this part, the Corporation shall specify such required information and assurances.
‘(2) CONTENTS- An application submitted under paragraph (1) shall contain, at a minimum--

‘(A) assurances that--

‘(i) prior to the placement of a participant, the applicant will consult with the appropriate local labor organization, if any, representing employees in the area who are engaged in the same or similar work as that proposed to be carried out by such program, to prevent the displacement and protect the rights of such employees; and
‘(ii) the applicant will comply with the nonduplication and nondisplacement provisions of section 177 and the notice, hearing, and grievance procedures required by section 176; and
‘(B) such other assurances as the Chief Executive Officer may reasonably require.

‘(e) Special Consideration- To the extent practicable, in making grants and entering into contracts under subsection (b), the Corporation shall give special consideration to applications submitted by, or applications from partnerships including, institutions serving primarily low-income populations, including--

‘(1) Alaska Native-serving institutions;
‘(2) Asian American and Native American Pacific Islander-serving institutions;
‘(3) Hispanic-serving institutions;
‘(4) historically black colleges and universities;
‘(5) Native American-serving, nontribal institutions;
‘(6) Native Hawaiian-serving institutions;
‘(7) Predominantly Black Institutions;
‘(8) tribally controlled colleges and universities; and
‘(9) community colleges serving predominantly minority populations.
‘(f) Considerations- In making grants and entering into contracts under subsection (b), the Corporation shall take into consideration whether the applicants submit applications containing proposals that--

‘(1) demonstrate the commitment of the institution of higher education involved, other than by demonstrating the commitment of the students, to supporting the community service projects carried out under the program;
‘(2) specify the manner in which the institution will promote faculty, administration, and staff participation in the community service projects;
‘(3) specify the manner in which the institution will provide service to the community through organized programs, including, where appropriate, clinical programs for students in professional schools and colleges;
‘(4) describe any partnership that will participate in the community service projects, such as a partnership comprised of--

‘(A) the institution;
‘(B)(i) a community-based agency;
‘(ii) a local government agency; or
‘(iii) a nonprofit entity that serves or involves school-age youth, older adults, or low-income communities; and
‘(C)(i) a student organization;
‘(ii) a department of the institution; or
‘(iii) a group of faculty comprised of different departments, schools, or colleges at the institution;
‘(5) demonstrate community involvement in the development of the proposal and the extent to which the proposal will contribute to the goals of the involved community members;
‘(6) demonstrate a commitment to perform community service projects in underserved urban and rural communities;
‘(7) describe research on effective strategies and methods to improve service utilized in the design of the projects;
‘(8) specify that the institution or partnership will use the assistance provided through the grant or contract to strengthen the service infrastructure in institutions of higher education;
‘(9) with respect to projects involving delivery of services, specify projects that involve leadership development of school-age youth; or
‘(10) describe the needs that the proposed projects are designed to address, such as housing, economic development, infrastructure, health care, job training, education, crime prevention, urban planning, transportation, information technology, or child welfare.
‘(g) Federal Work-Study- To be eligible for assistance under this part, an institution of higher education shall demonstrate that it meets the minimum requirements under section 443(b)(2)(A) of the Higher Education Act of 1965 (42 U.S.C. 2753(b)(2)(A)) relating to the participation of students employed under part C of title IV of the Higher Education Act of 1965 (42 U.S.C. 2751 et seq.) (relating to Federal Work-Study programs) in community service activities, or has received a waiver of those requirements from the Secretary of Education.
‘(h) Definition- Notwithstanding section 101, as used in this part, the term ‘student’ means an individual who is enrolled in an institution of higher education on a full- or part-time basis.’.

SEC. 1203. CAMPUSES OF SERVICE.

Subtitle B of title I (42 U.S.C. 12521 et seq.) is amended by inserting after section 118 (as redesignated by section 1202) the following:

‘SEC. 118A. CAMPUSES OF SERVICE.

‘(a) In General- The Corporation, after consultation with the Secretary of Education, may annually designate not more than 25 institutions of higher education as Campuses of Service, from among institutions nominated by State Commissions.
‘(b) Applications for Nomination-

‘(1) IN GENERAL- To be eligible for a nomination to receive designation under subsection (a), and have an opportunity to apply for funds under subsection (d) for a fiscal year, an institution of higher education in a State shall submit an application to the State Commission at such time, in such manner, and containing such information as the State Commission may require.
‘(2) CONTENTS- At a minimum, the application shall include information specifying--

‘(A)(i) the number of undergraduate and, if applicable, graduate service-learning courses offered at such institution for the most recent full academic year preceding the fiscal year for which designation is sought; and
‘(ii) the number and percentage of undergraduate students and, if applicable, the number and percentage of graduate students at such institution who were enrolled in the corresponding courses described in clause (i), for such preceding academic year;
‘(B) the percentage of undergraduate students engaging in and, if applicable, the percentage of graduate students engaging in activities providing community services, as defined in section 441(c) of the Higher Education Act of 1965 (42 U.S.C. 2751(c)), during such preceding academic year, the quality of such activities, and the average amount of time spent, per student, engaged in such activities;
‘(C) for such preceding academic year, the percentage of Federal work-study funds made available to the institution under part C of title IV of the Higher Education Act of 1965 (42 U.S.C. 2751 et seq.) that is used to compensate students employed in providing community services, as so defined, and a description of the efforts the institution undertakes to make available to students opportunities to provide such community services and be compensated through such work-study funds;
‘(D) at the discretion of the institution, information demonstrating the degree to which recent graduates of the institution, and all graduates of the institution, have obtained full-time public service employment in the nonprofit sector or government, with a private nonprofit organization or a Federal, State, or local public agency; and
‘(E) any programs the institution has in place to encourage or assist graduates of the institution to pursue careers in public service in the nonprofit sector or government.

‘(c) Nominations and Designation-

‘(1) NOMINATION-

‘(A) IN GENERAL- A State Commission that receives applications from institutions of higher education under subsection (b) may nominate, for designation under subsection (a), not more than 3 such institutions of higher education, consisting of--

‘(i) not more than one 4-year public institution of higher education;
‘(ii) not more than one 4-year private institution of higher education; and
‘(iii) not more than one 2-year institution of higher education.
‘(B) SUBMISSION- The State Commission shall submit to the Corporation the name and application of each institution nominated by the State Commission under subparagraph (A).
‘(2) DESIGNATION- The Corporation shall designate, under subsection (a), not more than 25 institutions of higher education from among the institutions nominated under paragraph (1). In making the designations, the Corporation shall, if feasible, designate various types of institutions, including institutions from each of the categories of institutions described in clauses (i), (ii), and (iii) of paragraph (1)(A).
‘(d) Awards-

‘(1) IN GENERAL- Using sums reserved under section 501(a)(1)(C) for Campuses of Service, the Corporation shall provide an award of funds to institutions designated under subsection (c), to be used by the institutions to develop or disseminate service-learning models and information on best practices regarding service-learning to other institutions of higher education.
‘(2) PLAN- To be eligible to receive funds under this subsection, an institution designated under subsection (c) shall submit a plan to the Corporation describing how the institution intends to use the funds to develop or disseminate service-learning models and information on best practices regarding service-learning to other institutions of higher education.
‘(3) ALLOCATION- The Corporation shall determine how the funds reserved under section 501(a)(1)(C) for Campuses of Service for a fiscal year will be allocated among the institutions submitting acceptable plans under paragraph (2). In determining the amount of funds to be allocated to such an institution, the Corporation shall consider the number of students at the institution, the quality and scope of the plan submitted by the institution under paragraph (2), and the institution’s current (as of the date of submission of the plan) strategies to encourage or assist students to pursue public service careers in the nonprofit sector or government.’.

SEC. 1204. INNOVATIVE PROGRAMS AND RESEARCH.

Subtitle B of title I (42 U.S.C. 12521 et seq.), as amended by section 1203, is further amended by adding at the end the following:

‘PART III--INNOVATIVE AND COMMUNITY-BASED SERVICE-LEARNING PROGRAMS AND RESEARCH

‘SEC. 119. INNOVATIVE AND COMMUNITY-BASED SERVICE-LEARNING PROGRAMS AND RESEARCH.
‘(a) Definitions- In this part:

‘(1) ELIGIBLE ENTITY- The term ‘eligible entity’ means a State educational agency, a State Commission, a territory, an Indian tribe, an institution of higher education, or a public or private nonprofit organization (including community-based entities), a public or private elementary school or secondary school, a local educational agency, a consortium of such entities, or a consortium of 2 or more such entities and a for-profit organization.
‘(2) ELIGIBLE PARTNERSHIP- The term ‘eligible partnership’ means a partnership that--

‘(A) shall include--

‘(i) 1 or more community-based entities that have demonstrated records of success in carrying out service-learning programs with economically disadvantaged students, and that meet such criteria as the Chief Executive Officer may establish; and
‘(ii) a local educational agency for which--

‘(I) a high number or percentage, as determined by the Corporation, of the students served by the agency are economically disadvantaged students; and
‘(II) the graduation rate (as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)) and as clarified in applicable regulations promulgated by the Department of Education for the secondary school students served by the agency is less than 70 percent; and

‘(B) may also include--

‘(i) a local government agency that is not described in subparagraph (A);
‘(ii) the office of the chief executive officer of a unit of general local government;
‘(iii) an institution of higher education;
‘(iv) a State Commission or State educational agency; or
‘(v) more than 1 local educational agency described in subclause (I).

‘(3) YOUTH ENGAGEMENT ZONE- The term ‘youth engagement zone’ means the area in which a youth engagement zone program is carried out.
‘(4) YOUTH ENGAGEMENT ZONE PROGRAM- The term ‘youth engagement zone program’ means a service-learning program in which members of an eligible partnership collaborate to provide coordinated school-based or community-based service-learning opportunities--

‘(A) in order to address a specific community challenge;
‘(B) for an increasing percentage of out-of-school youth and secondary school students served by a local educational agency; and
‘(C) in circumstances under which--

‘(i) not less than 90 percent of such students participate in service-learning activities as part of the program; or
‘(ii) service-learning is a part of the curriculum in all of the secondary schools served by the local educational agency.

‘(b) General Authority- From the amounts appropriated to carry out this part for a fiscal year, the Corporation may make grants (which may include approved summer of service positions in the case of a grant for a program described in subsection (c)(8)) and fixed-amount grants (in accordance with section 129(l)) to eligible entities or eligible partnerships, as appropriate, for programs and activities described in subsection (c).
‘(c) Authorized Activities- Funds under this part may be used to--

‘(1) integrate service-learning programs into the science, technology, engineering, and mathematics (referred to in this part as ‘STEM’) curricula at the elementary, secondary, postsecondary, or postbaccalaureate levels in coordination with practicing or retired STEM professionals;
‘(2) involve students in service-learning programs focusing on energy conservation in their community, including conducting educational outreach on energy conservation and working to improve energy efficiency in low-income housing and in public spaces;
‘(3) involve students in service-learning programs in emergency and disaster preparedness;
‘(4) involve students in service-learning programs aimed at improving access to and obtaining the benefits from computers and other emerging technologies, including improving such access for individuals with disabilities, in low-income or rural communities, in senior centers and communities, in schools, in libraries, and in other public spaces;
‘(5) involve high school age youth in the mentoring of middle school youth while involving all participants in service-learning to seek to meet unmet human, educational, environmental, public safety, or emergency and disaster preparedness needs in their community;
‘(6) conduct research and evaluations on service-learning, including service-learning in middle schools, and disseminate such research and evaluations widely;
‘(7) conduct innovative and creative activities as described in section 112(a);
‘(8) establish or implement summer of service programs (giving priority to programs that enroll youth who will be enrolled in any of grades 6 through 9 at the end of the summer concerned) during the summer months (including recruiting, training, and placing service-learning coordinators)--

‘(A) for youth who will be enrolled in any of grades 6 through 12 at the end of the summer concerned; and
‘(B) for community-based service-learning projects--

‘(i) that shall--

‘(I) meet unmet human, educational, environmental (including energy conservation and stewardship), and emergency and disaster preparedness and other public safety needs; and
‘(II) be intensive, structured, supervised, and designed to produce identifiable improvements to the community;
‘(ii) that may include the extension of academic year service-learning programs into the summer months; and
‘(iii) under which a student who completes 100 hours of service as described in section 146(b)(2), shall be eligible for a summer of service educational award of $500 or $750 as described in sections 146(a)(2)(C) and 147(d);

‘(9) establish or implement youth engagement zone programs in youth engagement zones, for students in secondary schools served by local educational agencies for which a majority of such students do not participate in service-learning activities that are--

‘(A) carried out by eligible partnerships; and
‘(B) designed to--

‘(i) involve all students in secondary schools served by the local educational agency in service-learning to address a specific community challenge;
‘(ii) improve student engagement, including student attendance and student behavior, and student achievement, graduation rates, and college-going rates at secondary schools; and
‘(iii) involve an increasing percentage of students in secondary school and out-of-school youth in the community in school-based or community-based service-learning activities each year, with the goal of involving all students in secondary schools served by the local educational agency and involving an increasing percentage of the out-of-school youth in service-learning activities; and

‘(10) conduct semester of service programs that--

‘(A) provide opportunities for secondary school students to participate in a semester of coordinated school-based or community-based service-learning opportunities for a minimum of 70 hours (of which at least a third will be spent participating in field-based activities) over a semester, to address specific community challenges;
‘(B) engage as participants high percentages or numbers of economically disadvantaged students;
‘(C) allow participants to receive academic credit, for the time spent in the classroom and in the field for the program, that is equivalent to the academic credit for any class of equivalent length and with an equivalent time commitment; and
‘(D) ensure that the classroom-based instruction component of the program is integrated into the academic program of the local educational agency involved; and
‘(11) carry out any other innovative service-learning programs or research that the Corporation considers appropriate.
‘(d) Applications- To be eligible to receive a grant to carry out a program or activity under this part, an entity or partnership, as appropriate, shall prepare and submit to the Corporation an application at such time and in such manner as the Chief Executive Officer may reasonably require, and obtain approval of the application.
‘(e) Priority- In making grants under this part, the Corporation shall give priority to applicants proposing to--

‘(1) involve students and community stakeholders in the design and implementation of service-learning programs carried out using funds received under this part;
‘(2) implement service-learning programs in low-income or rural communities; and
‘(3) utilize adult volunteers, including tapping the resources of retired and retiring adults, in the planning and implementation of service-learning programs.
‘(f) Requirements-

‘(1) TERM- Each program or activity funded under this part shall be carried out over a period of 3 years, which may include 1 planning year. In the case of a program funded under this part, the 3-year period may be extended by 1 year, if the program meets performance levels established in accordance with section 179(k) and any other criteria determined by the Corporation.
‘(2) COLLABORATION ENCOURAGED- Each entity carrying out a program or activity funded under this part shall, to the extent practicable, collaborate with entities carrying out programs under this subtitle, subtitle C, and titles I and II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq., 5001 et seq.).
‘(3) EVALUATION- Not later than 4 years after the effective date of the Serve America Act, the Corporation shall conduct an independent evaluation of the programs and activities carried out using funds made available under this part, and determine best practices relating to service-learning and recommendations for improvement of those programs and activities. The Corporation shall widely disseminate the results of the evaluations, and information on the best practices and recommendations to the service community through multiple channels, including the Corporation’s Resource Center or a clearinghouse of effective strategies.’.

SEC. 1205. SERVICE-LEARNING IMPACT STUDY.

Subtitle B of title I (42 U.S.C. 12521 et seq.), as amended by section 1204, is further amended by adding at the end the following:

‘PART IV--SERVICE-LEARNING IMPACT STUDY

‘SEC. 120. STUDY AND REPORT.
‘(a) Study-

‘(1) IN GENERAL- From the sums reserved under section 501(a)(1)(B) for this section, the Corporation shall enter into a contract with an entity that is not otherwise a recipient of financial assistance under this subtitle, to conduct a 10-year longitudinal study on the impact of the activities carried out under this subtitle.
‘(2) CONTENTS- In conducting the study, the entity shall consider the impact of service-learning activities carried out under this subtitle on students participating in such activities, including in particular examining the degree to which the activities--

‘(A) improved student academic achievement;
‘(B) improved student engagement;
‘(C) improved graduation rates, as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)) and as clarified in applicable regulations promulgated by the Department of Education; and
‘(D) improved the degree to which the participants in the activities engaged in subsequent national service, volunteering, or other service activities, or pursued careers in public service, in the nonprofit sector or government.
‘(3) ANALYSIS- In carrying out such study, the entity shall examine the impact of the service-learning activities on the 4 factors described in subparagraphs (A) through (D) of paragraph (2), analyzed in terms of how much time participants were engaged in service-learning activities.
‘(4) BEST PRACTICES- The entity shall collect information on best practices concerning using service-learning activities to improve the 4 factors.
‘(b) Interim Reports- The entity shall periodically submit reports to the Corporation containing the interim results of the study and the information on best practices. The Corporation shall submit such reports to the authorizing committees.
‘(c) Final Report- The entity shall submit a report to the Corporation containing the results of the study and the information on best practices. The Corporation shall submit such report to the authorizing committees, and shall make such report available to the public on the Corporation’s website.
‘(d) Consultation and Dissemination- On receiving the report described in subsection (c), the Corporation shall consult with the Secretary of Education to review the results of the study, and to identify best practices concerning using service-learning activities to improve the 4 factors described in subparagraphs (A) through (D) of subsection (a)(2). The Corporation shall disseminate information on the identified best practices.’.

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

SEC. 1301. PROHIBITION ON GRANTS TO FEDERAL AGENCIES; LIMITS ON CORPORATION COSTS.
Section 121 (42 U.S.C. 12571) is amended--
(1) in subsection (a)--

(2) in subsection (b)--

‘(1) AGREEMENTS AUTHORIZED- The Corporation may enter into an interagency agreement (other than a grant agreement) with another Federal agency to support a national service program carried out or otherwise supported by the agency. The Corporation, in entering into the interagency agreement may approve positions as approved national service positions for a program carried out or otherwise supported by the agency.’;

‘(2) PROHIBITION ON GRANTS- The Corporation may not provide a grant under this section to a Federal agency.’;

‘(5) APPLICATION OF REQUIREMENTS- A requirement under this Act that applies to an entity receiving assistance under section 121 (other than a requirement limited to an entity receiving assistance under section 121(a)) shall be considered to apply to a Federal agency that enters into an interagency agreement under this subsection, even though no Federal agency may receive financial assistance under such an agreement.’;

(3) in subsection (c)--

(4) in paragraphs (1) and (2) of subsection (d), by striking ‘or (b)’;
(5) in subsection (e)--
(A) in paragraph (1), by striking ‘Federal share of the cost’ and inserting ‘Corporation share of the cost (including the costs of member living allowances, employment-related taxes, health care coverage, and workers’ compensation and other necessary operation costs)’; and

The Khazarian Occupation of America

Tuesday, July 2, 2013