Text: H.R.1153 — 111th Congress (2009-2010)All Bill Information (Except Text)

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Introduced in House (02/24/2009)


111th CONGRESS
1st Session
H. R. 1153

To amend the National and Community Service Act of 1990 to establish a Summer of Service State grant program, a Summer of Service national direct grant program, and related national activities, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES
February 24, 2009

Ms. DeLauro (for herself, Mr. McDermott, Ms. Matsui, Mr. Blumenauer, Mr. Serrano, Mr. Grijalva, Mr. McGovern, Ms. Norton, Mr. Larson of Connecticut, Mr. Markey of Massachusetts, and Mr. Fattah) introduced the following bill; which was referred to the Committee on Education and Labor


A BILL

To amend the National and Community Service Act of 1990 to establish a Summer of Service State grant program, a Summer of Service national direct grant program, and related national activities, 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 “Summer of Service Act of 2009”.

SEC. 2. Findings and purposes.

(a) Findings.—Congress finds the following:

(1) Throughout the United States, there are pressing unmet human, educational, environmental and public safety needs.

(2) Americans desire to affirm common responsibilities and shared values, and join together in positive experiences, that transcend race, religion, gender, age, disability, region, income, and education.

(3) Americans of all ages can improve their communities and become better citizens through service to their communities.

(4) When youth participate in service activities and see that they are able to improve the lives of others, the youth feel better able to control their own lives in a positive way, avoiding risky behaviors, strengthening their community connections, and becoming more engaged in their own education.

(5) When youth service is tied to learning objectives, that service is shown to decrease alienation and behavior problems, and increase knowledge of community needs, commitment to an ethic of service, and understanding of politics and morality.

(6) When service is tied to what students are learning in school, the students make gains on achievement tests, complete their homework more often, and increase their grade point averages.

(7) Students who engage in service-learning improve their communication skills, increase their awareness of career possibilities, have a deeper understanding of social and economic issues that face the United States, and develop more positive workplace attitudes, preparing them to take their places as future leaders of the United States.

(8) In a national poll, more than 80 percent of parents said that their child would benefit from an after school program that offered community service and 95 percent of teens agreed that is important to volunteer time to community efforts.

(b) Purpose.—The purposes of this Act are to—

(1) offer youth the chance to spend a summer in service to their communities as a rite of passage before high school;

(2) teach civic participation skills to youth and help youth see themselves as resources and leaders for their communities;

(3) expand educational opportunities and discourage “summer slide” by engaging youth in summer service-learning opportunities;

(4) encourage youth, regardless of age, income, or disability, to engage in community service;

(5) provide tangible benefits to the communities in which Summer of Service programs are performed; and

(6) enhance the social-emotional development of youth of all backgrounds.

SEC. 3. Summer of service programs.

Title I of the National and Community Service Act of 1990 (42 U.S.C. 12511 et seq.) is amended—

(1) by redesignating subtitles F, G, H, and I as subtitles G, H, I, and J, respectively;

(2) by redesignating sections 160 through 166 as sections 159A through 159G, respectively; and

(3) by inserting after subtitle E the following:

“subtitle FSummer of Service Programs

“SEC. 161. Definitions.

“In this subtitle:

“(1) EDUCATIONAL AWARD.—The term ‘educational award’ means an award disbursed under section 162B(d) or 163B(d).

“(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a public or private nonprofit organization, an institution of higher education, a local educational agency, a public elementary school or public secondary school, or a consortium of 2 or more of the entities described in this paragraph.

“(3) ELIGIBLE YOUTH.—The term ‘eligible youth’ means a youth who will be enrolled in the sixth, seventh, eighth, or ninth grade at the end of the summer for which the youth would participate in community service under this subtitle.

“PART ISummer of service State grant program

“SEC. 162. Grants to States.

“(a) Grants.—

“(1) IN GENERAL.—The Chief Executive Officer shall award grants on a competitive basis to States, to enable the State Commissions—

“(A) to carry out State-level activities under subsection (d); and

“(B) to award subgrants on a competitive basis under section 162A to eligible entities to pay for the Federal share of the cost of carrying out community service projects.

“(2) FUNDS FOR EDUCATIONAL AWARDS.—The Chief Executive Officer shall decide whether funds appropriated to carry out this part and available for educational awards (referred to in this part as ‘educational award funds’) shall be—

“(A) included in the funds for such grants to States and subgrants to eligible entities; or

“(B) reserved by the Chief Executive Officer, deposited in the National Service Trust for educational awards, and disbursed according to paragraphs (1) and (3) of section 162B(d).

“(3) PERIODS OF GRANTS.—The Chief Executive Officer shall award the grants for periods of 3 years.

“(4) AMOUNTS OF GRANTS.—The Chief Executive Officer shall award such a grant to a State for a program in a sum equal to—

“(A) the amount obtained by multiplying $500 and the number of youth who will participate in the program (to be used for program expenses);

“(B) unless the Chief Executive Officer decides to deposit funds for educational awards in the National Service Trust, as described in paragraph (2)(B), an additional amount equal to the amount described in subparagraph (A) (to be used for educational awards); and

“(C) an amount sufficient to provide for the reservation for State-level activities described in subsection (d).

“(b) State application.—To be eligible to receive a grant under this section, a State shall submit an application to the Chief Executive Officer at such time, in such manner, and containing such information as the Chief Executive Officer may require, including information that—

“(1) designates the State Commission as the agency responsible for the administration and supervision of the community service program carried out under this part in the State;

“(2) describes how the State Commission will use funds received under this part, including funds reserved for State-level activities under subsection (d);

“(3) describes the procedures and criteria the State Commission will use for reviewing applications and awarding subgrants on a competitive basis under section 162A to eligible entities for projects, including how the State Commission will give priority to an entity that—

“(A) offers a quality plan for or has an established track record of carrying out the activities described in the entity’s application;

“(B) has a leadership position in the community from which the youth participating in the project described in the application will be drawn;

“(C) proposes a project that focuses on service by the participants during the transition year before high school;

“(D) plans to ensure that at least 50 percent of the participants are low-income eligible youth;

“(E) proposes a project that encourages or enables youth to continue participating in community service throughout the school year;

“(F) plans to involve the participants in the design and operation of the project, including involving the participants in conducting a needs-based assessment of community needs;

“(G) proposes a project that involves youth of different ages, races, sexes, ethnic groups, religions, disability categories, or economic backgrounds serving together; and

“(H) proposes a project that provides high quality service-learning experiences;

“(4) describes the steps the State Commission will take, including the provision of ongoing technical assistance described in subsection (d)(2) and training, to ensure that projects funded under section 162A will implement effective strategies; and

“(5) describes how the State Commission will evaluate the projects, which shall include, at a minimum—

“(A) a description of the objectives and benchmarks that will be used to evaluate the projects; and

“(B) a description of how the State Commission will disseminate the results of the evaluations, as described in subsection (d)(4)(C).

“(c) Applicant review.—

“(1) SELECTION CRITERIA.—The Chief Executive Officer shall evaluate applications for grants under this section based on the quality, innovation, replicability, and sustainability of the State programs proposed by the applicants.

“(2) REVIEW PANELS.—The Chief Executive Officer shall employ the review panels established under section 165A in reviewing the applications.

“(3) NOTIFICATION OF APPLICANTS.—If the Chief Executive Officer rejects an application submitted under this section, the Chief Executive Officer shall promptly notify the applicant of the reasons for the rejection of the application.

“(4) RESUBMISSION AND RECONSIDERATION.—The Chief Executive Officer shall provide an applicant notified of rejection with a reasonable opportunity to revise and resubmit the application. At the request of the applicant, the Chief Executive Officer shall provide technical assistance to the applicant as part of the resubmission process. The Chief Executive Officer shall promptly reconsider an application resubmitted under this paragraph.

“(d) State-level activities.—A State that receives a grant under this section may reserve up to 5 percent of the grant funds for State-level activities, which may include—

“(1) hiring staff to administer the program carried out under this part in the State;

“(2) providing technical assistance, including technical assistance concerning the professional development and training of personnel, to eligible entities that receive subgrants under section 162A;

“(3) conducting outreach and dissemination of program-related information to ensure the broadest possible involvement of eligible entities and local eligible youth in the program carried out under this part; and

“(4)(A) conducting an evaluation of the projects carried out by eligible entities under this part;

“(B) using the results of the evaluation to collect and compile information on best practices and models for such projects; and

“(C) disseminating widely the results of the evaluation.

“SEC. 162A. Subgrants to eligible entities.

“(a) Subgrants.—

“(1) IN GENERAL.—A State that receives a grant under section 162 shall use the grant funds to award subgrants on a competitive basis to eligible entities to pay for the Federal share of the cost of carrying out community service projects.

“(2) PERIODS OF SUBGRANTS.—The State shall award the subgrants for periods of 3 years.

“(3) AMOUNTS OF SUBGRANTS.—The State shall award such a subgrant to an eligible entity for a project in a sum equal to—

“(A) the amount obtained by multiplying $500 and the number of youth who will participate in the project (to be used for project expenses); and

“(B) unless the Chief Executive Officer decides to deposit funds for educational awards in the National Service Trust, as described in section 162(a)(2)(B), an additional amount equal to the amount described in subparagraph (A) (to be used for educational awards).

“(b) Applications.—To be eligible to receive a subgrant under this section for a project, an entity shall submit an application to the State Commission at such time, in such manner, and containing such information as the State Commission may require, including information that—

“(1) designates the community in which the entity will carry out the project, which community may be the service area of an elementary school or secondary school, a school district, a city, town, village, or other locality, a county, the area in which a public housing project is located, a neighborhood, or another geographically or politically designated area;

“(2) describes the manner in which the entity will—

“(A) engage a substantial portion of the youth in the designated community;

“(B) engage a variety of entities and individuals, such as youth organizations, elementary schools or secondary schools, elected officials, organizations offering summer camps, civic groups, nonprofit organizations, and other entities within the designated community to offer a variety of summer service opportunities as part of the project;

“(C) ensure that the youth participating in the project engage in service-learning;

“(D) engage as volunteers in the project business, civic, or community organizations or individuals, which may include older individuals, volunteers in the National Senior Volunteer Corps established under title II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5000 et seq.), participants in the school-based and community-based service-learning programs carried out under parts I and II of subtitle B, participants in the AmeriCorps program carried out under subtitle C, or students enrolled in secondary schools or institutions of higher education;

“(E) ensure that youth participating in the project provide at least 100 hours of community service for the project;

“(F) recruit eligible youth to participate in the project;

“(G) recruit service sponsors for community service activities carried out through the project, if the eligible entity intends to enter into an arrangement with such sponsors to provide project placements for the youth;

“(H) promote leadership development and build an ethic of civic responsibility among the youth;

“(I) provide team-oriented, adult-supervised experiences through the project;

“(J) conduct opening and closing ceremonies honoring participants in the project;

“(K) involve youth who are participating in the project in the design and planning of the project; and

“(L) provide training, which may include life skills, financial education, and employment training, in addition to training concerning the specific community service to be provided through the project, for the youth; and

“(3)(A) specifies project outcome objectives relating to youth development or education achievement, community strengthening, and community improvement;

“(B) describes how the eligible entity will establish annual benchmarks for the objectives, and annually conduct an evaluation to measure progress toward the benchmarks; and

“(C) provides an assurance that the eligible entity will annually make the results of such evaluation available to the State.

“(c) Continued eligibility.—To be eligible to receive funds under this section for a second or subsequent year of a subgrant period, an entity shall demonstrate that the entity has met the annual benchmarks for the objectives described in subsection (b)(3).

“(d) Selection of subgrant recipients.—In awarding subgrants under this section, the State shall ensure that projects are funded in a variety of geographic areas, including urban and rural areas.

“SEC. 162B. Summer of service projects.

“(a) Use of funds.—

“(1) IN GENERAL.—An eligible entity that receives a subgrant under section 162A shall use the subgrant funds to carry out a community service project.

“(2) SPECIFIC USES.—The eligible entity may use the subgrant funds to pay for—

“(A) hiring staff to administer the project;

“(B) developing or acquiring service-learning curricula for the project, to be integrated into academic programs, including making modifications for students who are individuals with disabilities and students with limited English proficiency;

“(C) forming local partnerships to develop and offer a variety of service-learning programs for local youth participating in the project;

“(D) establishing benchmarks, conducting evaluations, and making evaluation results available, as described in subparagraphs (B) and (C) of section 162A(b)(3);

“(E) conducting outreach and dissemination of program-related information to ensure the broadest possible involvement of local eligible youth and community partners in the project;

“(F) conducting ceremonies as described in section 162A(b)(2)(J);

“(G) carrying out basic implementation of the community service project; and

“(H) carrying out planning activities, during an initial 6 to 9 months of the subgrant period.

“(3) NON-FEDERAL SHARE.—An eligible entity that receives a subgrant under section 162A shall provide the non-Federal share of the costs described in section 162A(a)(1) from private or public sources other than the subgrant funds. The sources may include fees charged to the parents of the youth participating in the community service project involved and determined on a sliding scale based on income.

“(b) Service projects.—

“(1) ELIGIBLE SERVICE CATEGORIES.—The eligible entity may use the subgrant funds to carry out a community service project to meet unmet human, educational, environmental, or public safety needs.

“(2) INELIGIBLE SERVICE CATEGORIES.—The eligible entity may not use the subgrant funds to carry out a service project in which participants perform service described in section 132(a).

“(c) Period of service projects.—The eligible entity—

“(1) shall carry out the community service project funded under section 162A during a period, the majority of which occurs in the months of June, July, and August; and

“(2) may carry out the project in conjunction with a related after school or in-school service-learning project operated during the remaining months of the year.

“(d) Educational award.—

“(1) ELIGIBILITY.—Each eligible youth who provides at least 100 hours of community service for a project carried out under this part shall be eligible to receive an educational award of not more than $500. An eligible youth may participate in more than 1 such project but shall not receive in excess of $1,000 in total for such participation.

“(2) DISBURSEMENTS BY ELIGIBLE ENTITY.—If the Chief Executive Officer decides under section 162(a)(2)(A) to include educational award funds in subgrants under this part, the eligible entity carrying out the project shall—

“(A) disburse an educational award described in paragraph (1) in accordance with regulations issued by the Chief Executive Officer, which—

“(i) may permit disbursal of the award to the parents of the youth that have established a qualified tuition program account under section 529 of the Internal Revenue Code of 1986, for deposit into the account; but

“(ii) shall not otherwise permit disbursal of the award to the parents; or

“(B) enter into a contract with a private sector organization to hold the educational award funds and disburse the educational award as described in subparagraph (A).

“(3) DISBURSEMENTS BY CHIEF EXECUTIVE OFFICER.—If the Chief Executive Officer decides under section 162(a)(2)(B) to reserve educational award funds, the Chief Executive Officer shall disburse the educational award as described in paragraph (2)(A).

“SEC. 162C. Supplemental grants.

“(a) In general.—The Chief Executive Officer may award a supplemental grant to an eligible entity that demonstrates the matters described in subsection (b), to assist the entity in carrying out a community service project in accordance with the requirements of this part, as determined appropriate by the Chief Executive Officer.

“(b) Application.—To be eligible to receive a supplemental grant under subsection (a), an entity shall submit an application to the Chief Executive Officer, at such time, in such manner, and containing such information as the Chief Executive Officer may require, including information demonstrating—

“(1) that the entity received a subgrant under section 162A for a community service project; and

“(2) that the entity would be unable to carry out the project without substantial hardship unless the entity received a supplemental grant under subsection (a).

“(c) Amount of grant.—The Chief Executive Officer shall award such a grant to an eligible entity for the project in the amount obtained by multiplying $250 and the number of youth who will participate in the project (to be used for project expenses).

“SEC. 162D. Indian tribes and territories.

“From the funds made available to carry out this part under section 165(b)(2)(A) for any fiscal year, the Chief Executive Officer shall reserve an amount of not more than 3 percent for payments to Indian tribes, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be used in accordance with the requirements of this part, as determined appropriate by the Chief Executive Officer.

“PART IISummer of service national direct grant program

“SEC. 163. National direct grants.

“(a) Grants.—

“(1) IN GENERAL.—The Chief Executive Officer shall award grants on a competitive basis to public or private organizations (referred to individually in this part as an ‘organization’)—

“(A) to carry out quality assurance activities under subsection (d); and

“(B) to pay for the Federal share of the cost of carrying out a community service program—

“(i) in a State where the State Commission does not apply for funding under part I; or

“(ii) in multiple States.

“(2) FUNDS FOR EDUCATIONAL AWARDS.—The Chief Executive Officer shall decide whether funds appropriated to carry out this part and available for educational awards (referred to in this part as ‘educational award funds’) shall be—

“(A) included in the funds for such grants to organizations and any subgrants to local providers; or

“(B) reserved by the Chief Executive Officer, deposited in the National Service Trust for educational awards, and disbursed according to paragraphs (1) and (3) of section 163B(d).

“(3) PERIODS OF GRANTS.—The Chief Executive Officer shall award the grants for periods of 3 years.

“(4) AMOUNTS OF GRANTS.—The Chief Executive Officer shall award such a grant to an organization for a program in a sum equal to—

“(A) the amount obtained by multiplying $500 and the number of youth who will participate in the program (to be used for program expenses);

“(B) unless the Chief Executive Officer decides to deposit funds for educational awards in the National Service Trust, as described in paragraph (2)(B), an additional amount equal to the amount described in subparagraph (A) (to be used for educational awards); and

“(C) an amount sufficient to provide for the reservation for quality assurance activities described in subsection (d).

“(b) National direct applications.—To be eligible to receive a grant under this section for a community service program, an organization shall submit an application to the Chief Executive Officer at such time, in such manner, and containing such information as the Chief Executive Officer may require, including information that—

“(1) describes how the organization will use funds received under this part, including funds reserved for quality assurance activities under subsection (d);

“(2)(A) describes the procedures and criteria the organization will use for reviewing applications and awarding subgrants on a competitive basis under section 163A to local providers for projects, including how the organization will give priority to a provider that, with respect to each project described in the application—

“(i) offers a quality plan for or has an established track record of carrying out the activities described in the provider's application;

“(ii) has a leadership position in the community from which the youth participating in the project will be drawn;

“(iii) proposes a project that focuses on service by the participants during the transition year before high school;

“(iv) plans to ensure that at least 50 percent of the participants are low-income eligible youth;

“(v) proposes a project that encourages or enables youth to continue participating in community service throughout the school year;

“(vi) plans to involve the participants in the design and operation of the project, including involving the participants in conducting a needs-based assessment of community needs;

“(vii) proposes a project that involves youth of different ages, races, sexes, ethnic groups, religions, disability categories, or economic backgrounds serving together; and

“(viii) proposes a project that provides high quality service-learning experiences; or

“(B) if the organization will carry out the community service program directly, demonstrates that the organization meets the requirements of clauses (i) through (viii) of subparagraph (A) with respect to each project described in the application;

“(3) describes the steps the organization will take, including the provision of ongoing technical assistance described in subsection (d)(2) and training, to ensure that projects funded under this part will implement effective strategies; and

“(4) describes how the organization will evaluate the projects funded under this part, which shall include, at a minimum—

“(A) a description of the objectives and benchmarks that will be used to evaluate the projects; and

“(B) a description of how the organization will disseminate widely the results of the evaluations, as described in subsection (d)(3)(C).

“(c) Applicant review.—

“(1) SELECTION CRITERIA.—The Chief Executive Officer shall evaluate applications for grants under this section based on the quality, innovation, replicability, and sustainability of the programs proposed by the applicants.

“(2) REVIEW PANELS.—The Chief Executive Officer shall employ the review panels established under section 165A in reviewing the applications.

“(3) NOTIFICATION OF APPLICANTS.—If the Chief Executive Officer rejects an application submitted under this section, the Chief Executive Officer shall promptly notify the applicant of the reasons for the rejection of the application.

“(4) RESUBMISSION AND RECONSIDERATION.—The Chief Executive Officer shall provide an applicant notified of rejection with a reasonable opportunity to revise and resubmit the application. At the request of the applicant, the Chief Executive Officer shall provide technical assistance to the applicant as part of the resubmission process. The Chief Executive Officer shall promptly reconsider an application resubmitted under this paragraph.

“(d) Quality assurance activities.—An organization that receives a grant under this section may reserve up to 5 percent of the grant funds for quality assurance activities, which may include—

“(1) hiring staff to administer the program carried out under this part by the organization;

“(2) providing technical assistance, including technical assistance concerning the professional development and training of personnel, to local providers that receive subgrants under section 163A; and

“(3)(A) conducting an evaluation of the projects carried out by local providers of the organization under this part;

“(B) using the results of the evaluation to collect and compile information on best practices and models for such projects; and

“(C) disseminating widely the results of the evaluation.

“SEC. 163A. Subgrants to local providers.

“(a) Subgrants.—

“(1) IN GENERAL.—An organization that receives a grant under section 163 may use the grant funds to award subgrants on a competitive basis to local providers to pay for the Federal share of the cost of carrying out community service projects.

“(2) PERIODS OF SUBGRANTS.—The organization shall award the subgrants for periods of 3 years.

“(3) AMOUNTS OF SUBGRANTS.—The organization shall award such a subgrant to a local provider for a project in a sum equal to—

“(A) the amount obtained by multiplying $500 and the number of youth who will participate in the project (to be used for project expenses); and

“(B) unless the Chief Executive Officer decides to deposit funds for educational awards in the National Service Trust, as described in section 163(a)(2)(B), an additional amount equal to the amount described in subparagraph (A) (to be used for educational awards).

“(b) Local provider application.—To be eligible to receive a subgrant under this section, a local provider shall submit an application to the organization at such time, in such manner, and containing such information as the organization may require, including information that—

“(1) designates the communities in which the local provider will carry out projects under the subgrant, each of which communities may be the service area of an elementary school or secondary school, a school district, a city, town, village, or other locality, a county, the area in which a public housing project is located, a neighborhood, or another geographically or politically designated area;

“(2) for each project described in such application, describes the manner in which the local provider will—

“(A) engage a substantial portion of the youth in the designated community involved;

“(B) engage a variety of entities and individuals, such as youth organizations, elementary schools or secondary schools, elected officials, organizations offering summer camps, civic groups, nonprofit organizations, and other entities within the designated community to offer a variety of summer service opportunities as part of the project;

“(C) ensure that the youth participating in the project engage in service-learning;

“(D) engage as volunteers in the project business, civic, or community organizations or individuals, which may include older individuals, volunteers in the National Senior Volunteer Corps established under title II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5000 et seq.), participants in the school-based and community-based service-learning programs carried out under parts I and II of subtitle B, participants in the AmeriCorps program carried out under subtitle C, or students enrolled in secondary schools or institutions of higher education;

“(E) ensure that youth participating in the project provide at least 100 hours of community service for the project;

“(F) recruit eligible youth to participate in the project;

“(G) recruit service sponsors for community service activities carried out through the project, if the local provider intends to enter into an arrangement with such sponsors to provide project placements for the youth;

“(H) promote leadership development and build an ethic of civic responsibility among the youth;

“(I) provide team-oriented, adult-supervised experiences through the project;

“(J) conduct opening and closing ceremonies honoring participants in the project;

“(K) involve youth who are participating in the project in the design and planning of the project; and

“(L) provide training, which may include life skills, financial education, and employment training, in addition to training concerning the specific community service to be provided through the project, for the youth; and

“(3)(A) specifies project outcome objectives relating to youth development or education achievement, community strengthening, and community improvement;

“(B) describes how the local provider will establish annual benchmarks for the objectives, and annually conduct an evaluation to measure progress toward the benchmarks; and

“(C) provides an assurance that the local provider will annually make the results of such evaluation available to the organization.

“(c) Continued eligibility.—To be eligible to receive funds under this section for a second or subsequent year of a subgrant period, a local provider shall demonstrate that all the projects for which the subgrant was awarded met the annual benchmarks for the objectives described in subsection (b)(3).

“(d) Selection of subgrant recipients.—In awarding subgrants under this section, the organization shall ensure that projects are funded in a variety of geographic areas, including urban and rural areas.

“SEC. 163B. Summer of service projects.

“(a) Use of funds.—

“(1) IN GENERAL.—A local provider that receives a subgrant under section 163A shall use the subgrant funds to carry out a community service project.

“(2) SPECIFIC USES.—The local provider may use the subgrant funds, to pay for—

“(A) hiring staff to administer the project;

“(B) developing or acquiring service-learning curricula for the project, to be integrated into academic programs, including making modifications for students who are individuals with disabilities and students with limited English proficiency;

“(C) forming local partnerships to develop and offer a variety of service-learning programs for local youth participating in the project;

“(D) establishing benchmarks, conducting evaluations, and making evaluation results available, as described in subparagraphs (B) and (C) of section 163A(b)(3);

“(E) conducting outreach and dissemination of program-related information to ensure the broadest possible involvement of local eligible youth and community partners in the project;

“(F) conducting ceremonies as described in section 163A(b)(2)(J);

“(G) carrying out basic implementation of the community service project; and

“(H) carrying out planning activities, during an initial 6 to 9 months of the grant period.

“(3) NON-FEDERAL SHARE.—A local provider that receives a subgrant under section 163A shall provide the non-Federal share of the cost described in section 163A(a)(1) from private or public sources other than the subgrant funds. The sources may include fees charged to the parents of the youth participating in the community service project involved and determined on a sliding scale based on income.

“(b) Service projects.—

“(1) ELIGIBLE SERVICE CATEGORIES.—The local provider may use the subgrant funds to carry out a community service project to meet unmet human, educational, environmental, or public safety needs.

“(2) INELIGIBLE SERVICE CATEGORIES.—The local provider may not use the subgrant funds to carry out a service project in which participants perform service described in section 132(a).

“(c) Period of service projects.—The local provider—

“(1) shall carry out the community service project funded under section 163A during a period, the majority of which occurs in the months of June, July, and August; and

“(2) may carry out the project in conjunction with a related after school or in-school service-learning project operated during the remaining months of the year.

“(d) Educational award.—

“(1) ELIGIBILITY.—Each eligible youth who provides at least 100 hours of community service for a project carried out under this part shall be eligible to receive an educational award of not more than $500. An eligible youth may participate in more than 1 such project but shall not receive in excess of $1,000 in total for such participation.

“(2) DISBURSEMENTS BY LOCAL PROVIDER.—If the Chief Executive Officer decides under section 163(a)(2)(A) to include educational award funds in subgrants under this part, the local provider carrying out the project shall—

“(A) disburse an educational award described in paragraph (1) in accordance with regulations issued by the Chief Executive Officer, which—

“(i) may permit disbursal of the award to the parents of the youth that have established a qualified tuition program account under section 529 of the Internal Revenue Code of 1986, for deposit into the account; but

“(ii) shall not otherwise permit disbursal of the award to the parents; or

“(B) enter into a contract with a private sector organization to hold the educational award funds and disburse the educational award as described in subparagraph (A).

“(3) DISBURSEMENTS BY CHIEF EXECUTIVE OFFICER.—If the Chief Executive Officer decides under section 163(a)(2)(B) to reserve educational award funds, the Chief Executive Officer shall disburse the educational award as described in paragraph (2)(A).

“(e) Application of section.—References in this section to local providers, with respect to the use of subgrant funds received under section 163A, apply equally to organizations that carry out community service projects directly, with respect to the use of grant funds received under section 163.

“SEC. 163C. Supplemental grants.

“(a) In general.—The Chief Executive Officer may award a supplemental grant to a local provider that demonstrates the matters described in subsection (b), to assist the provider in carrying out a community service project in accordance with the requirements of this part, as determined appropriate by the Chief Executive Officer.

“(b) Application.—To be eligible to receive a supplemental grant under subsection (a), a provider shall submit an application to the Chief Executive Officer, at such time, in such manner, and containing such information as the Chief Executive Officer may require, including information demonstrating—

“(1) that the provider received a subgrant under section 163A for a community service project; and

“(2) that the provider would be unable to carry out the project without substantial hardship unless the provider received a supplemental grant under subsection (a).

“(c) Amount of grant.—The Chief Executive Officer shall award such a grant to a local provider for the project in the amount obtained by multiplying $250 and the number of youth who will participate in the project (to be used for project expenses).

“PART IIISummer of Service National Activities

“SEC. 164. National activities.

“(a) National quality and outreach activities.—The Chief Executive Officer may use funds reserved under section 165(b)(1), either directly or through grants and contracts, to—

“(1) provide technical assistance and training to recipients of grants and subgrants under parts I and II;

“(2) conduct outreach and dissemination of program-related information to ensure the broadest possible involvement of States, eligible entities, organizations, local providers, and eligible youth in programs carried out under parts I and II; and

“(3) to carry out other activities designed to improve the quality of programs carried out under parts I and II.

“(b) National evaluation.—

“(1) RESERVATION.—For each fiscal year, the Chief Executive Officer shall reserve not more than the greater of $500,000, or 1 percent, of the funds described in subsection (a) for the purposes described in paragraph (2).

“(2) EVALUATION.—The Chief Executive Officer shall use the reserved funds—

“(A) to arrange for an independent evaluation of the programs carried out under parts I and II, to be conducted in the second and third years in which the programs are implemented;

“(B) using the results of the evaluation, to collect and compile information on models and best practices for such programs; and

“(C) to disseminate widely the results of the evaluation.

“(3) REPORT.—The Chief Executive Officer shall annually submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives, a report concerning the results of the evaluations conducted under paragraph (2). Such reports shall also contain information on models of best practices and any other findings or recommendations developed by the Chief Executive Officer based on such evaluations. Such reports shall be made available to the general public.

“PART IVGeneral provisions

“SEC. 165. Authorization of appropriations and availability.

“(a) Authorization of appropriations.—There are authorized to be appropriated to carry out this subtitle $100,000,000 for fiscal year 2010 and such sums as may be necessary for each subsequent fiscal year.

“(b) Availability.—Of the funds appropriated under subsection (a) for a fiscal year, the Chief Executive Officer—

“(1) shall reserve not more than 4 percent to carry out activities under part III (relating to national activities); and

“(2) from the remainder of such funds, shall make available—

“(A) a portion equal to 6623 percent of such funds for programs carried out under part I (relating to the State grant program), including programs carried out under section 162D; and

“(B) a portion equal to 3313 percent of such funds for programs carried out under part II (relating to the national direct grant program).

“(c) Reallocation.—If the Chief Executive Officer determines that funds from the portion described in subsection (b)(2)(A) will not be needed to carry out programs under part I for a fiscal year, the Chief Executive Officer shall make the funds available for programs under part II for that fiscal year.

“SEC. 165A. Review panels.

“The Chief Executive Officer shall establish panels of experts for the purpose of reviewing applications submitted under sections 162, 162C, 162D, and 163.

“SEC. 165B. Construction.

“An individual participating in service in a program described in this subtitle shall not be considered to be an employee engaged in employment for purposes of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).”.

SEC. 4. Conforming amendments.

(a) Redesignation of subtitles.—

(1) Section 118(a) of the National and Community Service Act of 1990 (42 U.S.C. 12551(a)) is amended by striking “subtitle H” and inserting “subtitle I”.

(2) Section 122(a)(2) of such Act (42 U.S.C. 12572(a)(2)) is amended by striking “subtitle I” and inserting “subtitle J”.

(3) Section 193A(f)(1) of such Act (42 U.S.C. 12651d(f)(1)) is amended by striking “subtitles C and I” and inserting “subtitles C and J”.

(4) Section 501(a)(2) of such Act (42 U.S.C. 12681(a)(2)) is amended—

(A) in the paragraph heading, by striking “Subtitles c, d, and h” and inserting “Subtitles c, d, and i”;

(B) in subparagraph (A), by striking “subtitles C and H” and inserting “subtitles C and I”; and

(C) in subparagraph (B), by striking “subtitle H” and inserting “subtitle I”.

(b) Redesignation of sections.—

(1) Section 155(d)(3) of such Act (42 U.S.C. 12615(d)(3)) is amended by striking “section 162(a)(3)” and inserting “section 159C(a)(3)”.

(2) Section 156(d) of such Act (42 U.S.C. 12616(d)) is amended by striking “section 162(a)(3)” and inserting “section 159C(a)(3)”.

(3) Section 159(c) of such Act (42 U.S.C. 12619(c)) is amended—

(A) in paragraph (2)(C)(i), by striking “section 162(a)(2)” and inserting “section 159C(a)(2)”; and

(B) in paragraph (3), by striking “section 162(a)(2)(A)” and inserting “section 159C(a)(2)(A)”.

(4) Section 159B(b)(1)(B) of such Act (as redesignated by section 3(2)) is amended by striking “section 162(a)(3)” and inserting “section 159C(a)(3)”.

(c) Relationship to National Service Educational Award Provisions.—

(1) NATIONAL SERVICE TRUST.—Section 145 of the National and Community Service Act of 1990 (42 U.S.C. 12601) is amended—

(A) in subsection (a)—

(i) in paragraph (2), by striking “and” at the end;

(ii) in paragraph (3), by striking the period and inserting “, other than interest or proceeds described in paragraph (4)(B); and”; and

(iii) by adding at the end the following:

“(4)(A) any amounts deposited in the Trust under subtitle F; and

“(B) the interest on, and proceeds from the sale or redemption of, any obligations held by the Trust for a program carried out under subtitle F.”; and

(B) in subsection (c), by inserting “(other than any amounts deposited in the Trust under subtitle F)” after “Amounts in the Trust”.

(2) AVAILABILITY OF AMOUNTS IN NATIONAL SERVICE TRUST.—Section 148(a) of the National and Community Service Act of 1990 (42 U.S.C. 12604(a)) is amended by inserting “(other than any amounts deposited in the Trust under subtitle F)” after “Amounts in the Trust”.