Text: H.R.4330 — 101st Congress (1989-1990)All Information (Except Text)

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HR 4330 RH
101st CONGRESS
2d Session
 H. R. 4330
[Report No. 101-677, Part I]
To establish school-based and higher education community service programs,
to establish youth service programs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 21, 1990
Mr. HAWKINS (for himself, Mr. FORD of Michigan, Mr. GAYDOS, Mr. CLAY,
Mr. MILLER of California, Mr. MURPHY, Mr. KILDEE, Mr. WILLIAMS, Mr. MARTINEZ,
Mr. OWENS of New York, Mr. HAYES of Illinois, Mr. PERKINS, Mr. SAWYER,
Mr. PAYNE of New Jersey, Mrs. LOWEY of New York, Mr. POSHARD, Mrs. UNSOELD,
Mr. WASHINGTON, Mr. RAHALL, Mr. FUSTER, Mr. JONTZ, Mr. PANETTA, Mr. ATKINS,
Mr. BONIOR, Mr. MONTGOMERY, Mrs. MORELLA, and Mr. NEAL of Massachusetts)
introduced the following bill; which was referred jointly to the Committees
on Education and Labor, Banking, Finance and Urban Affairs, Foreign Affairs,
and Interior and Insular Affairs
August 15, 1990
Additional sponsors: Mr. BEILENSON, Mr. BERMAN, Mr. BOSCO, Mrs. BOXER,
Mr. CONDIT, Mr. COYNE, Mr. DE LUGO, Mr. DELLUMS, Mr. DWYER of New Jersey,
Mr. DYMALLY, Mr. EDWARDS of California, Mr. FAUNTROY, Mr. FAZIO, Mr. FOGLIETTA,
Mr. FRANK, Mr. HUGHES, Mr. LEHMAN of California, Mr. LEVINE of California,
Mr. MARKEY, Mr. MATSUI, Mr. MAVROULES, Mr. MCDERMOTT, Mr. MINETA, Ms. PELOSI,
Mr. RANGEL, Mr. ROYBAL, Mr. SAVAGE, Mr. SERRANO, Mr. SIKORSKI, Mr. SOLARZ,
Mr. TOWNS, Mr. WAXMAN, Mr. WISE, Mr. ACKERMAN, Mr. BILBRAY, Mr. BUSTAMANTE,
Mr. DICKS, Mr. DIXON, Mr. ESPY, Mr. FALEOMAVAEGA, Mr. FLAKE, Mr. FROST,
Mr. KENNEDY, Mr. LEWIS of Georgia, Mr. LIPINSKI, Mr. MOAKLEY, Mr. OBERSTAR,
Mr. OWENS of Utah, Mr. PALLONE, Mr. RAVENEL, Mr. SCHEUER, Mr. SCHUMER,
Ms. SLAUGHTER of New York, Mr. SMITH of Vermont, Mr. THOMAS of Georgia,
Mr. TORRES, Mr. UDALL, Mr. WALGREN, Mr. WEISS, Mr. WHEAT, Mr. ALEXANDER,
Mr. BORSKI, Mr. BRYANT, Mrs. COLLINS, Mr. CROCKETT, Mr. DONNELLY, Mr. ENGEL,
Mr. JONES of Georgia, Ms. KAPTUR, Mrs. KENNELLY, Mr. KOLTER, Mr. LANCASTER,
Mr. LEHMAN of Florida, Mr. MANTON, Mr. MOODY, Mr. RICHARDSON, Mr. RIDGE,
Mr. ROSE, Ms. SCHNEIDER, Mr. STUDDS, Mr. TRAFICANT, Mr. WOLPE, Mr. YATES,
Mr. GEKAS, Mr. GRAY, Mr. HALL of Ohio, Mr. MFUME, Ms. OAKAR, Mrs. SCHROEDER,
Mr. ANDERSON, Mr. BROWN of California, Mr. CARDIN, Mr. CONTE, Mr. DOWNEY,
Mr. GIBBONS, Mr. HOAGLAND, Mr. JOHNSTON of Florida, Mr. KOSTMAYER, Mr. MCMILLEN
of Maryland, Mr. MCNULTY, Mr. NELSON of Florida, Mr. PRICE, Mr. ROWLAND of
Georgia, Mr. SHAYS, Mr. TANNER, and Mr. Vento
August 15, 1990
Reported from the Committee on Education and Labor with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on March 21, 1990]
A BILL
To establish school-based and higher education community service programs,
to establish youth service programs, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `National Service Act of 1990'.
TITLE I--SCHOOL-BASED AND HIGHER EDUCATION COMMUNITY SERVICE
PART A--SCHOOL-BASED COMMUNITY SERVICE
SEC. 101. SHORT TITLE.
  This part may be cited as the `Schools and Service-Learning Act of 1990'.
Subpart 1--School-Based Service Learning
SEC. 106. SCHOOL-BASED SERVICE LEARNING PROGRAM.
  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.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS; ALLOTMENTS TO STATES.
  (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.
SEC. 108. ASSISTANCE TO LOCAL PARTNERSHIPS.
  (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.
SEC. 109. STATE APPLICATIONS.
  (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.
SEC. 110. LOCAL PROGRAM PROPOSAL.
  (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.
SEC. 111. FEDERAL SHARE.
  (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.
SEC. 112. USES OF FUNDS; LIMITATIONS.
  (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
SEC. 116. STATEMENT OF PURPOSE.
  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.
SEC. 117. AUTHORIZATION OF PROGRAM.
  (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.
SEC. 118. SERVICE IN CONSTRUCTION AND REHABILITATION PROJECTS.
  (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.
SEC. 119. EDUCATION AND JOB TRAINING SERVICES.
  (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.
SEC. 120. USES OF FUNDS.
  (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.
SEC. 121. ELIGIBLE PARTICIPANTS.
  (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.
SEC. 122. WAGES, LABOR STANDARDS, AND NONDISCRIMINATION.
  (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.
SEC. 123. CONTRACTS.
  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.
SEC. 124. PERFORMANCE STANDARDS.
  (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.
SEC. 125. APPLICATIONS.
  (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.
SEC. 126. SELECTION OF PROJECTS.
  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.
SEC. 127. MANAGEMENT AND TECHNICAL ASSISTANCE.
  (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.
SEC. 128. DEFINITIONS.
  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.
SEC. 129. REGULATIONS.
  The Secretary shall issue any regulations necessary to carry out this
  subpart.
SEC. 130. AUTHORIZATION OF APPROPRIATIONS.
  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
SEC. 131. RURAL YOUTH SERVICE DEMONSTRATION PROJECT.
  (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.
SEC. 132. GOVERNORS' VOLUNTARY SERVICE PROGRAM.
  (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) DEFINITION- For purposes of this section the term `State' includes
  the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
SEC. 133. MODEL SERVICE-LEARNING PROGRAM.
  (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.
SEC. 134. MODEL SERVICE PROGRAMS FOR DROPOUTS AND OUT-OF-SCHOOL YOUTH.
  (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.
SEC. 135. ASSISTANCE FOR HEAD START.
  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
SEC. 141. DISSEMINATION OF INFORMATION.
  The Secretary shall widely disseminate information about programs under
  this part.
SEC. 142. CLEARINGHOUSES ON VOLUNTEER SERVICE.
  (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.
SEC. 143. EVALUATION.
  (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.
SEC. 144. AUTHORIZATION OF APPROPRIATIONS.
  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
SEC. 151. PRESIDENTIAL VOLUNTEER SERVICE AWARDS.
  (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
SEC. 156. DEFINITIONS.
  (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.
SEC. 157. LIMITATION.
  (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.
SEC. 158. APPLICATION OF GENERAL EDUCATION PROVISIONS ACT.
  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
SEC. 161. STATEMENT OF PURPOSE.
  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.
SEC. 162. INNOVATIVE PROJECTS FOR COMMUNITY SERVICE.
  (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
SEC. 166. ADDITIONAL RESERVATION FOR CAMPUS-BASED COMMUNITY WORK LEARNING
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.'.
SEC. 167. WORK STUDY PROGRAMS.
  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
SEC. 171. LOAN DEFERMENT FOR VOLUNTEER SERVICE AUTHORIZED.
  (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;'.
SEC. 172. LOAN DEFERMENT FOR SERVICE IN DRUG COUNSELING AND PREVENTION.
  (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'.
SEC. 173. LOAN DEFERMENT FOR VOLUNTEERS PROVIDING INDIAN HEALTH SERVICES.
  (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);'.
SEC. 174. EFFECTIVE DATE.
  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
SEC. 176. LOAN CANCELLATION AUTHORIZED.
  (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.'.
SEC. 177. LOAN DEFERMENT AUTHORIZED.
  (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)'.
SEC. 178. EFFECTIVE DATE.
  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
SEC. 181. INFORMATION FOR STUDENTS.
  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.'.
SEC. 182. EXIT COUNSELING FOR BORROWERS.
  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.'.
SEC. 183. DEPARTMENT INFORMATION ON DEFERMENTS AND CANCELLATIONS.
  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
SEC. 186. AMENDMENTS TO STUDENT LITERACY CORPS PROVISIONS.
  (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
SEC. 188. AMENDMENT.
  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
SEC. 191. SHORT TITLE.
  This part may be cited as the `Peace Corps Volunteer Education Demonstration
  Program Act'.
SEC. 192. PROGRAM AUTHORIZED.
  (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.
SEC. 193. ELIGIBILITY.
  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.
SEC. 194. SELECTION PROCEDURES.
  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.
SEC. 195. TRAINING PROGRAM.
  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.
SEC. 196. EDUCATIONAL BENEFITS.
  (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.
SEC. 197. EVALUATION AND REPORT.
  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.
SEC. 198. DEFINITIONS.
  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)).
SEC. 199. AUTHORIZATION OF APPROPRIATIONS.
  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.
TITLE II--TO ESTABLISH THE AMERICAN CONSERVATION AND YOUTH SERVICE CORPS
PART A--AMERICAN CONSERVATION CORPS
SEC. 201. ESTABLISHMENT.
  (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.
SEC. 202. ALLOCATION OF AUTHORIZED FUNDS.
  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
SEC. 206. YOUTH SERVICE CORPS PROJECT GRANTS.
  (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.
SEC. 207. SERVICE CATEGORIES.
  (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
SEC. 211. CERTIFICATION AND ACADEMIC CREDIT.
  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.
SEC. 212. TRAINING AND EDUCATION SERVICES.
  (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
SEC. 216. GRANTS.
  (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.
SEC. 217. APPROVAL OF APPLICATIONS AND SUPERVISION OF PROGRAMS.
  (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.
SEC. 218. PREFERENCE FOR CERTAIN PROJECTS.
  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).
SEC. 219. EFFECT OF EARNINGS ON ELIGIBILITY FOR OTHER FEDERAL ASSISTANCE.
  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.
SEC. 220. ENROLLMENT.
  (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.
SEC. 221. COORDINATION AND PARTICIPATION WITH OTHER ENTITIES.
  (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.
SEC. 222. AMERICAN CONSERVATION CORPS AND YOUTH SERVICE CORPS STATE ADVISORY
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.
SEC. 223. FEDERAL AND STATE EMPLOYEE STATUS.
  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.
SEC. 224. NOTICE, HEARING, AND GRIEVANCE PROCEDURES.
  (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).
SEC. 225. NONDUPLICATION AND NONDISPLACEMENT.
  (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.
SEC. 226. GRIEVANCE PROCEDURE.
  (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.
SEC. 227. USE OF VOLUNTEERS.
  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.
SEC. 228. NONDISCRIMINATION PROVISION.
  (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.
SEC. 229. LABOR MARKET INFORMATION.
  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.
SEC. 230. REVIEW AND REPORTING REQUIREMENTS.
  (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.
SEC. 231. AUTHORITY OF STATE LEGISLATURE.
  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.
SEC. 232. AUTHORIZATION OF APPROPRIATIONS AND OTHER FISCAL PROVISIONS.
  (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.
SEC. 233. DEFINITIONS.
  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
SEC. 236. FUNDING.
  (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.
TITLE III--PROPOSED MODEL GOOD SAMARITAN FOOD DONATION ACT
SEC. 301. SENSE OF CONGRESS CONCERNING ENACTMENT OF GOOD SAMARITAN FOOD
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 Rico, 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.
SEC. 302. 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 by
  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.
SEC. 303. EFFECT OF SECTION 302.
  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.

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