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 123STA T . 1 50 2 PUBLIC LA W 111 – 13 — AP R .21 , 200 9‘ ‘ (1)INGE NE RAL.—Ofthe f undsal l oc ated by the C o rp orat i on for pro v ision of assistance under section 1 2 1(a) for a fiscal year and sub j ect to section 1 3 3(d)(3) , the Corporation shall reserve not m ore than 6 2. 7 percent for g rants a w arded on a competitive basis to S tates specified in subsection (e)(1) for national service programs, to nonprofit organi z ations see k ing to operate a national service program in 2 or more of those States, and to Indian tribes. ‘‘(2) EQUIT A B LE TREAT M ENT.—In the consideration of applications for such grants, the Corporation shall ensure the e q uitable treatment of applicants from urban areas, applicants from rural areas, applicants of diverse sizes (as measured by the number of participants served), applicants from States, and applicants from national nonprofit organizations. ‘‘(3) EN CO RE S ER V ICE P ROGRAMS.—In making grants under this subsection for a fiscal year, the Corporation shall make an effort to allocate not less than 1 0 percent of the financial assistance and approved national service positions provided through the grants for that fiscal year to eligible entities pro - posing to carry out encore service programs, unless the Corpora- tion does not receive a sufficient number of applications of adequate quality to justify making that percentage available to those eligible entities. ‘‘( 4 ) CORPS PROGRAMS.—In making grants under this sub- section for a fiscal year, the Corporation— ‘‘( A ) shall select 2 or more of the national service corps described in section 122(a) to receive grants under this subsection and ‘‘( B ) may select national service programs described in section 122(b) to receive such grants. ‘‘(e) ALLOTMENT TO CERTAIN STATES ON F ORMULA BASIS.— ‘‘(1) G RANTS.—Of the funds allocated by the Corporation for provision of assistance under section 121(a) for a fiscal year, the Corporation shall make a grant to each of the several States, the D istrict of Columbia, and the Commonwealth of P uerto R ico that submits an application under section 130 that is approved by the Corporation. ‘‘(2) ALLOTMENTS.— T he Corporation shall allot for a grant to each such State under this subsection for a fiscal year an amount that bears the same ratio to 3 5 .3 percent of the allocated funds for that fiscal year as the population of the State bears to the total population of the several States, the District of Columbia, and the Commonwealth of Puerto Rico, in compliance with paragraph (3). ‘‘(3) M INIMUM AMOUNT.— N otwithstanding paragraph (2), the minimum grant made available to each State approved by the Corporation under paragraph (1) for each fiscal year shall be at least $ 600,000, or 0.5 percent of the amount allocated for the State formula under this subsection for the fiscal year, whichever is greater. ‘‘(f) E F FECT OF FAILURE TO APPL Y .—If a State or territory fails to apply for, or fails to give notice to the Corporation of its intent to apply for, an allotment under this section, or the Corporation does not approve the application consistent with section 133, the Corporation may use the amount that would have been allotted under this section to the State or territory to—


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 123STA T . 1 50 3 PUBLIC LA W 111 – 13 — AP R .21 , 200 9‘ ‘ (1)makegr a nts (an dp r ovi de approved nationa l servi c e positions in connection w it h s u ch grants) to other communit y-b ased entities under section 1 2 1 that propose to carry out national service programs in such S tate or territory and ‘‘(2) make reallotments to other States or territories with approved applications submitted under section 1 30,f rom the allotment funds not used to make grants as described in para- graph (1) . ‘‘(g) AP P LICAT I ONREQU I R E D . —T he C orporation shall make an allotment of assistance (including the provision of approved national service positions) to a recipient under this section only pursuant to an application submitted by a State or other applicant under section 130. ‘‘(h) APPRO V ALO FP O S ITIONS SU BJ ECT TO AVAILABLE F UNDS.— The Corporation may not approve positions as approved national service positions under this subtitle for a fiscal year in e x cess of the number of such positions for which the Corporation has sufficient available funds in the N ational Service Trust for that fiscal year, taking into consideration funding needs for national service educational awards under subtitle D based on completed service. I f appropriations are insufficient to provide the maximum allowable national service educational awards under subtitle D for all eligible participants, the Corporation is authori z ed to make necessary and reasonable ad j ustments to program rules. ‘‘(i) SPONSORS H IP OF APPROVED NATIONAL SERVICE POSITIONS.— ‘‘(1) SPONSORSHIP AUTHORI Z ED.—The Corporation may enter into agreements with persons or entities who offer to sponsor national service positions for which the person or entity will be responsible for supplying the funds necessary to provide a national service educational award. The distribution of those approved national service positions shall be made pursuant to the agreement, and the creation of those positions shall not be taken into consideration in determining the number of approved national service positions to be available for dis- tribution under this section. ‘‘(2) DEPOSIT OF CONTRIBUTION.—Funds provided pursuant to an agreement under paragraph (1) shall be deposited in the National Service Trust established in section 1 45 until such time as the funds are needed. ‘‘(j) RESERVATION OF FUNDS FOR SPECIAL ASSISTANCE.— ‘‘(1) RESERVATION.—From amounts appropriated for a fiscal year pursuant to the authorization of appropriations in section 501(a)(2) and allocated to carry out subtitle C and subject to the limitation in such section, the Corporation may reserve such amount as the Corporation considers to be appropriate for the purpose of making assistance available under sub- sections (b) and (c) of section 12 6 . ‘‘(2) L I M ITATION.—The amount reserved under paragraph (1) for a fiscal year may not exceed $ 10,000,000. ‘‘(3) TIMIN G .—The Corporation shall reserve such amount, and any amount reserved under subsection (k) from funds appropriated and allocated to carry out subtitle C, before allo- cating funds for the provision of assistance under any other provision of this subtitle. ‘‘(k) RESERVATION OF FUNDS TO INCREASE THE PARTICIPATION OF INDIVIDUALS W ITH DISABILITIES.—

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 123STA T . 1 504PUBLIC LA W 111 – 13 — AP R .21 , 200 9‘ ‘ (1)RES E RVATION.—Tomakegr a nts to public or pri v ate nonpro f it organi z ations to increase t h e participation of in d ivid - uals w ith disabilities in national service and for demonstration activities in furtherance of this purpose , and sub j ect to the limitation in paragraph ( 2 ), the C hief Ex ecutive O fficer shall reserve not less than 2 percent from the amounts, appropriated to carr y out subtitles C, D ,E,and H for each fiscal year. ‘‘(2) L I M ITATION.—The amount reserved under paragraph (1) for a fiscal year may not exceed $ 2 0 ,000,000. ‘‘( 3 ) REMAIN D ER.—The Chief Executive Officer may use the funds reserved under paragraph (1), and not distributed to make grants under this subsection for other activities described in section 5 01(a)(2). ‘‘(l) AU T H ORIT YF OR F I X ED-AMOUNT G RANTS.— ‘‘(1) I N G ENERA L .— ‘‘(A) AUTHORITY.—From amounts appropriated for a fiscal year to provide financial assistance under the national service laws, the Corporation may provide assist- ance in the form of fixed-amount grants in an amount determined by the Corporation under paragraph (2) rather than on the basis of actual costs incurred by a program. ‘‘( B ) LIMITATION.—Other than fixed-amount grants to support programs described in section 12 9 A, for the 1- year period beginning on the effective date of the S erve America Act, the Corporation may provide assistance in the form of fixed-amount grants to programs that only offer full-time positions. ‘‘(2) DETERMINATION OF AMOUNT OF FIXED-AMOUNT GRANTS.—A fixed-amount grant authorized by this subsection shall be in an amount determined by the Corporation that is— ‘‘(A) significantly less than the reasonable and nec- essary costs of administering the program supported by the grant and ‘‘(B) based on an amount per individual enrolled in the program receiving the grant, taking into account— ‘‘(i) the capacity of the entity carrying out the program to manage funds and achieve programmatic results; ‘‘(ii) the number of approved national service posi- tions, approved silver scholar positions, or approved summer of service positions for the program, if applicable; ‘‘(iii) the proposed design of the program; ‘‘(iv) whether the program provides service to, or involves the participation of, disadvantaged youth or otherwise would reasonably incur a relatively higher level of costs; and ‘‘(v) such other factors as the Corporation may consider under section 133 in considering applications for assistance. ‘‘(3) RE Q UIREMENTS FOR GRANT RE C I P IENTS.—In awarding a fixed-amount grant under this subsection, the Corporation— ‘‘(A) shall re q uire the grant recipient— ‘‘(i) to return a pro rata amount of the grant funds based upon the difference between the number of hours served by a participant and the minimum number


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 123STA T . 1 50 5 PUBLIC LA W 111 – 13 — AP R .21 , 200 9ofh o urs for c o mpleti o n of a term of ser v ice ( as esta b- lishe d b y the C orporation );‘ ‘(ii) to report on the pro g ram ’ s performance on standardi z ed measures and performance levels estab- lished by the Corporation; ‘‘(iii) to cooperate w ith any evaluation activities underta k en by the Corporation; and ‘‘(iv) to provide assurances that additional funds will be raised in support of the program , in addition to those received under the national service laws; and ‘‘( B ) may adopt other terms and conditions that the Corporation considers necessary or appropriate based on the relative risks (as determined by the Corporation) associ- ated with any application for a fi x ed-amount grant . ‘‘( 4 ) OTHER RE QUI RE M E N T S N O T AP P L I C A B LE. —L imitations on administrative costs and matching fund documentation re q uirements shall not apply to fixed-amount grants provided in accordance with this subsection. ‘‘( 5 ) R ULE O F CONSTRUCTION.— N othing in this subsection shall relieve a grant recipient of the responsibility to comply with the requirements of chapter 7 5 of title 31, U nited S tates Code, or other requirements of Office of M anagement and Budget Circular A– 133.’’. SEC.1307 . AD D IT I ON A L A U T H O R IT Y. P art I I of subtitle C of title I is amended by inserting after section 1 29 (42 U.S.C. 125 8 1) the following

‘SEC. 1 29 A. EDUCATIONAL A W ARDS ONLY P RO G RA M . ‘‘(a) IN G ENERAL.— F rom amounts appropriated for a fiscal year to provide financial assistance under this subtitle and consistent with the restriction in subsection (b), the Corporation may, through fixed-amount grants (in accordance with section 129(l)), provide operational support to programs that receive approved national service positions but do not receive funds under section 121(a). ‘‘(b) LIMIT ON CORPORATION GRANT FUN D S.— T he Corporation may provide the operational support under this section for a pro- gram in an amount that is not more than $ 8 0 0 per individual enrolled in an approved national service position, or not more than $1,000 per such individual if at least 50 percent of the persons enrolled in the program are disadvantaged youth. ‘‘(c) INAPPLICABLE PRO V ISIONS.—The following provisions shall not apply to programs funded under this section: ‘‘(1) The limitation on administrative costs under section 121(d). ‘‘(2) The matching funds requirements under section 121(e). ‘‘(3) The living allowance and other benefits under sections 131(e) and 140 (other than individualized support services for participants with disabilities under section 140(f)).’’. SEC. 130 8 . STATE SELECTION O F PROGRAMS. Section 130 (42 U.S.C. 12582) is amended— (1) in subsection (a)— (A) by striking ‘‘section 121’’ and inserting ‘‘section 121(a)’’; (B) by inserting after ‘‘assistance, a State,’’ the fol- lowing: ‘‘territory,’’; and 42USC1 2 58 1 a.Reports .


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 123STA T . 1 506PUBLIC LA W 111 – 13 — AP R .21 , 200 9(C)bystrik i ng‘ ‘instit u ti o no fh igh e re d u ca tion , or F ed - era l agency ’ ’ and inserting ‘‘or institution of higher edu- cation’’ ( 2 ) in subsection (b) — ( A )in p aragraph ( 9 ), by striking ‘‘section 1 22(c)’’ and inserting ‘‘section 122(f)’’; and ( B ) in paragraph (12), by inserting ‘‘ m unicipalities and go v ernments of counties in w hich such a community is located,’’ after ‘‘providing services,’’; ( 3 ) in subsection (c)— (A) in paragraph (1)— (i) by striking ‘‘ j obs or positions’’ and inserting ‘‘proposed positions’’; and (ii) by striking ‘‘, including’’ and all that follows through the period at the end and inserting a period; (B) in paragraph (2), by inserting ‘‘proposed’’ before ‘‘minimum’’; and (C) by adding at the end the following ‘‘(3) I n the case of a nonprofit organi z ation intending to operate programs in 2 or more S tates, a description of the manner in which and e x tent to which the organization consulted with the State Commissions of each State in which the organization intends to operate and the nature of the consulta- tion . ’’; ( 4 ) in subsection (d)(1)— (A) in subparagraphs (A) and (B), by striking ‘‘sub- section (a) or (b) of section 121’’ and inserting ‘‘section 121(a)’’; (B) in subparagraph (B), by striking ‘‘section 122(a)’’ and inserting ‘‘subsection (a), (b), or (c) of section 122’’; ( 5 ) by redesignating subsections (d) through (g) as sub- sections (e) through (h), respectively and inserting after sub- section (c) the following: ‘‘(d) A D D IT I ONALREQU I R EDA P PLI C ATION IN F OR M ATION.—An application submitted under subsection (a) for programs described in 122(a) shall also contain— ‘‘(1) measurable goals, to be used for annual measurements of the program’s performance on 1 or more of the corresponding indicators described in section 122; ‘‘(2) information describing how the applicant proposes to utilize funds to improve performance on the corresponding indicators utilizing participants, including describing the activi- ties in which such participants will engage to improve perform- ance on those indicators; ‘‘(3) information identifying the geographical area in which the eligible entity proposing to carry out the program proposes to use funds to improve performance on the corresponding indicators, and demographic information on the students or individuals, as appropriate, in such area, and statistics dem- onstrating the need to improve such indicators in such area; and ‘‘(4) if applicable, information on how the eligible entity will work with other community-based entities to carry out activities to improve performance on the corresponding indica- tors using such funds.’’;


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 123STA T . 1 507PUBLIC LA W 111 – 13 — AP R .21 , 200 9(6)inpar a g rap h ( 2 )( A ) ofsub s ect ion (f) (as so re d esignated) , b y stri k ing ‘ ‘ w ere se l ected ’ ’ and inserting ‘‘were or will be selected’’ ( 7 ) in subsection (g) (as so redesignated) — (A) in paragraph ( 1 ), by striking ‘‘a progra m applicant’’ and inserting ‘‘an applicant’’; and ( B ) in paragraph (2)— (i) in the heading, by striking ‘‘ PROG R AM A P P LIC A NT ’’ and inserting ‘‘APPLICANT’’; (ii) in the matter preceding subparagraph (A), by striking ‘‘program applicant’’ and inserting ‘‘applicant’’; (iii) in subparagraph (A)— ( I ) by inserting after ‘‘subdi v ision of a S tate,’’ the following ‘‘territory,’’; and (II) by striking ‘‘institution of higher edu - cation, or F ederal agency’’ and inserting ‘‘or institution of higher education’’; and (iv) in subparagraph (B)— (I) by inserting after ‘‘subdivision of a State,’’ the following: ‘‘territory,’’; and (II) by striking ‘‘institution of higher edu- cation, or Federal agency’’ and inserting ‘‘or institution of higher education’’; and ( 8 ) by amending subsection (h) (as so redesignated) to read as follows: ‘‘(h) L IMITATION ON SAM E PRO J ECT R ECEI V ING MU LTIPLE G RANT S. — U nless specifically authori z ed by law, the C orporation may not provide more than 1 grant under the national service laws for a fiscal year to support the same pro j ect under the national service laws.’’. SEC.1309 . NATIO NA L SE RV ICE P RO G RA M ASSISTANCE RE QU IRE - MENTS. Section 1 3 1(c) ( 4 2 U.S.C. 12 5 83(c)) is amended— (1) in paragraph (1), by striking subparagraph (A) and inserting the following: ‘‘(A) the community served, the municipality and government of the county (if appropriate) in which the community is located, and potential participants in the program; and’’; and (2) by striking paragraph (3) and inserting the following: ‘‘(3) in the case of a program that is not funded through a State (including a national service program that a nonprofit organization seeks to operate in 2 or more States), consult with and coordinate activities with the State Commission for each State in which the program will operate, and the Corpora- tion shall obtain confirmation from the State Commission that the applicant seeking assistance under this Act has consulted with and coordinated with the State Commission when seeking to operate the program in that State.’’. SEC. 1310. PRO H I B ITE D ACTIVITIES AND INELIGIBLE ORGANI Z ATIONS. Subtitle C of title I (42 U.S.C. 12571 et se q .) is amended by inserting after section 132 the following: Consulta t i on .


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 123STA T . 1 508PUBLIC LA W 111 – 13 — AP R .21 , 200 9‘ ‘ SEC.132A . PROHIB I T E D ACTI V ITIES A N D INE L I G IBLE ORGANI Z A - TIONS. ‘ ‘ (a)PROHIB I TEDAC TI V ITIE S.— A n a p p roved na ti ona ls ervi c e position u nder t h is su b title m a y not be used f or the follo w in g activities ‘‘( 1 ) Attempting to influence legislation. ‘‘( 2 ) O rgani z ing or engaging in protests , petitions, boycotts, or stri k es. ‘‘( 3 ) Assisting, promoting, or deterring union organizing. ‘‘( 4 ) I mpairing e x isting contracts for services or collective bargaining agreements. ‘‘( 5 ) E ngaging in partisan political activities, or other activi - ties designed to influence the outcome of an election to F ederal office or the outcome of an election to a S tate or local public office. ‘‘( 6 ) Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials. ‘‘( 7 ) Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, con- structing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of proselytization, consistent with section 132. ‘‘( 8 ) C onsistent with section 132, providing a direct benefit to any— ‘‘(A) business organized for profit ‘‘( B ) labor union; ‘‘(C) partisan political organization; ‘‘( D ) nonprofit organization that fails to comply with the restrictions contained in section 5 0 1(c) of the Internal R evenue Code of 1 9 86, except that nothing in this para- graph shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; and ‘‘(E) organization engaged in the religious activities described in paragraph (7), unless the position is not used to support those religious activities. ‘‘(9) Providing abortion services or referrals for receipt of such services. ‘‘(10) Conducting a voter registration drive or using Cor- poration funds to conduct a voter registration drive. ‘‘(11) Carrying out such other activities as the Corporation may prohibit. ‘‘(b) I N E L I G IBILIT Y .— N o assistance provided under this subtitle may be provided to any organization that has violated a Federal criminal statute. ‘‘(c) NONDIS P L A CE M ENT O F EMPLOYED W OR K ERS OR OTHER V OL- U NTEERS.—A participant in an approved national service position under this subtitle may not be directed to perform any services or duties, or to engage in any activities, prohibited under the nonduplication, nondisplacement, or nonsupplantation re q uirements relating to employees and volunteers in section 177. ’ ’. Aborti o n.C ontr ac t s . L obb y in g . 42US C 1 2 58 4a.


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 123STA T . 1 509PUBLIC LA W 111 – 13 — AP R .21 , 2009 SEC.13 11. C ON S ID E RAT ION O F A P P L ICATIONS. Section13 3 (42U. S. C .12 58 5 ) i sam en d ed — (1)ins ub section (b)(2)( B ) , b y st r i k in g‘ ‘ j obs or ’ ’ (2) in subsection (d)— ( A )in p aragrap h (2)— (i) in the matter preceding subparagraph (A)— ( I ) by striking ‘‘section 122(a)’’ and inserting ‘‘subsection (a), (b), or (c) o f section 122’’; and (II) by striking ‘‘section 12 9 (d)(2)’’ and inserting ‘‘section 129(d)’’; (ii) by striking subparagraphs (A) through ( G ) and inserting the fo l lo w ing ‘‘(A) national ser v ice programs that— ‘‘(i) conform to the national service priorities in effect under section 122(f); ‘‘(ii) are innovative; and ‘‘(iii) are well established in 1 or more States at the time of the application and are proposed to be e x panded to additional States using assistance pro - vided under section 121; ‘‘(B) grant programs in support of other national service programs if the grant programs are to be conducted by nonprofit organi z ations with demonstrated and extensive expertise in the provision of services to meet human, edu- cational, environmental, or public safety needs; and ‘‘(C) professional corps programs described in section 122(c)(1)( D ).’’; and (B) in paragraph (3), by striking ‘‘section 129(d)(2)’’ and inserting ‘‘section 129(d)’’; (3) in subsection (e), by striking ‘‘subsections (a) and (d)(1) of section 129’’ and inserting ‘‘subsections (d) and (e) of section 129’’; (4) in subsection (f)— (A) in paragraph (1), by striking ‘‘section 129(a)(1)’’ and inserting ‘‘section 129(e)’’; and (B) in paragraph (3)— (i) by striking ‘‘section 129(a)’’ and inserting ‘‘sec- tion 129(e)’’; and (ii) by striking ‘‘paragraph (3) of such subsection’’ and inserting ‘‘section 129(f)’’; (5) by redesignating subsection (f) as subsection (g); and ( 6 ) by inserting after subsection (e) the following: ‘‘(f) VIEWSOF S TA TE CO M MISSIO N .—In making competitive awards under section 129(d), the Corporation shall solicit and con- sider the views of a State Commission regarding any application for assistance to carry out a national service program within the State.’’. SEC. 131 2 . DESCRIPTION OF PARTICIPANTS. Section 13 7 (42 U.S.C. 12591) is amended— (1) in subsection (a)— (A) by striking paragraph (3); and (B) by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively; (2) in subsection (b)—


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 123STA T . 1 5 1 0PUBLIC LA W 111 – 13 — AP R .21 , 200 9(A)inthema tte rp re c e d in g paragraph ( 1 ) ,bys tri k ing ‘ ‘secti o n1 2 2(a)(2) or a program described in section 122(a)( 9 ) ’ ’ and inserting ‘‘section 122(a)( 3 )( B )( x )’’ and (B) in paragraph (1), by striking ‘‘paragraph ( 4 )’’ and inserting ‘‘paragraph (3)’’; and (3)ins u bsection (c), by striking ‘‘(a)( 5 )’’ and inserting ‘‘(a)(4)’’ .SEC.13 13. SE L EC TION O F N A TIONAL SE RV ICE P ARTICIPANTS. S ection 13 8 (42 U .S. C . 12592) is amended — (1) in subsection (a), by striking ‘‘conducted by the State’’ and a l l that f ollo w s through ‘‘or other entity’’ and inserting ‘‘conducted by the entity’’; and (2) in subsection (e)(2)(C), by inserting before the semicolon at the end the following ‘‘, particularly those who were consid - ered, at the time of their ser v ice, disadvantaged youth’’. SEC. 131 4 . TER M S OF SERVICE. Section 139 (42 U.S.C. 12593) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking ‘‘not less than 9 months and’’; (B) in paragraph (2), by striking ‘‘during a period of— ’’ and all that follows through the period at the end and inserting ‘‘during a period of not more than 2 years.’’; and (C) by adding at the end the following: ‘‘(4) EXTENSIO NO F TE RM FOR D IS A STER PU RPOSES.— ‘‘(A) EXTENSION.—An individual in an approved national service position performing service directly related to disaster relief efforts may continue in a term of service for a period of 9 0 days beyond the period otherwise specified in, as appropriate, this subsection or section 153(d) or in section 104 of the D omestic V olunteer Service Act of 19 7 3 (42 U.S.C. 4954). ‘‘(B) SIN GL E TERM OF SER V I C E.—A period of service performed by an individual in an originally-agreed to term of service and service performed under this paragraph shall constitute a single term of service for purposes of sub- sections (b)(1) and (c) of section 14 6 . ‘‘(C) BENEFITS.—An individual performing service under this paragraph may continue to receive a living allowance and other benefits under section 140 but may not receive an additional national service educational award under section 141.’’; and (2) in subsection (c)— (A) in paragraph (1)(A), by striking ‘‘as demonstrated by the participant’’ and inserting ‘‘as determined by the organi z ation responsible for granting the release, if the participant has otherwise performed satisfactorily and has completed at least 15 percent of the term of service’’; and (B) in paragraph (2)— (i) in subparagraph (A), by striking ‘‘provide to the participant that portion of the national service educational award’’ and inserting ‘‘certify the partici- pant’s eligibility for that portion of the national service educational award’’; and


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 123STA T . 1 5 11 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9(i i ) i nsubpar a g rap h ( B ) , b y s t ri k ing ‘ ‘t o a l lo w r e turn to the progra m with whi c hthein d i v idual was serving in order ’ ’ .SEC.13 1 5 . ADJU S TM E N TST OLIV IN G ALLO W ANCE. S ection 140 (4 2U .S. C .12 59 4) is amended — (1) in subsection (a)— ( A ) in paragraph (1), by striking ‘‘paragraph ( 3 )’’ and inserting ‘‘paragraphs (2) and (3)’’ (B) by striking paragraph (2); (C) by redesignating paragraph (3) as paragraph (2); ( D ) by inserting a f ter paragraph (2) (as so redesig - nated) the following ‘‘(3) FED E RALWO R K - STU D Y STUDE N TS.— T he living allowance that may be provided under paragraph (1) to an individual whose term of service includes hours for which the individual receives a Federal work-study award under part C of title IV of the H igher E ducation Act of 19 6 5 (42 U.S.C. 2 7 51 et se q .) shall be reduced by the amount of the individual’s Federal work study award.’’; and (E) in paragraph (4), by striking ‘‘a reduced term of service under section 139(b)(3)’’ and inserting ‘‘a term of service that is less than 12 months’’; (2) in subsection (b), by striking ‘‘shall include an amount sufficient to cover 8 5 percent of such ta x es’’ and all that follows through the period at the end and inserting ‘‘may be used to pay the taxes described in this subsection.’’; (3) in subsection (c)— (A) in the matter preceding paragraph (1)— (i) by striking ‘‘section 122(a)(8)’’ and inserting ‘‘section 122(c)(1)(D)’’; and (ii) by striking ‘‘subsection (a)(3)’’ and inserting ‘‘subsection (a)(2)’’; (B) in paragraph (1), by adding ‘‘and’’ at the end; (C) by striking paragraph (2); and (D) by redesignating paragraph (3) as paragraph (2); (4) in subsection (d)— (A) in paragraph (1)— (i) by striking ‘‘shall provide’’ and inserting ‘‘shall provide or make available’’; and (ii) by striking the second sentence; and (B) in paragraph (2), by striking ‘‘provide from its own funds’’ and inserting ‘‘provide from its own funds or make available’’; and (5) by striking subsections (g) and (h). Subti t leD—Am e nd ment s t o Subtitle D (Na- tional Se rv i c e T rust and P rovision o f Na- tional Service E ducational A w ards ) SEC. 1 40 1. AVAILA B ILIT Y O F FUNDS IN T H E NATIONAL SE R VICE TRUST. (a) SU B T I TLE HEADIN G .—The subtitle heading for subtitle D of title I is amended to read as follows:


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 123STA T . 1 5 12 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9‘ ‘ Subti t leD—Na ti on al Se rv i c e T ru s tan dP rovision o fE ducational Aw ards ’ ’ .(b)ESTABLI S HMEN T OFTRU ST .—Section145 (4 2U .S. C . 12 60 1) i sam en d ed— (1)ins u bsection (a)— ( A )in p a r a g rap h (1)— (i) in the matter preceding subparagraph (A) , b y stri k ing ‘ ‘pursuant to section 501(a)(2) ’ ’ and (ii) in subparagraph (A), by inserting a f ter ‘‘nationa l ser v ice educational a w ards’’ the following ‘‘, summer of service educational awards, and silver scholar educational awards’’; ( B ) in paragraph (2)— (i) by striking ‘‘pursuant to section 1 9 6(a)(2)’’ and inserting ‘‘pursuant to section 196(a)(2), if the terms of such donations direct that the donated amounts be deposited in the N ational Service Trust’’; and (ii) by striking ‘‘and’’ at the end; (C) by redesignating paragraph ( 3 ) as paragraph (4); and ( D ) by inserting after paragraph (2) the following: ‘‘(3) any amounts recovered by the Corporation pursuant to section 146A; and’’; (2) in subsection (c), by striking ‘‘for payments of national service educational awards in accordance with section 14 8 .’’ and inserting ‘‘for— ‘‘(1) payments of national service educational awards, summer of service educational awards, and silver scholar edu - cational awards in accordance with section 148; and ‘‘(2) payments of interest in accordance with section 148(e).’’; and (3) in subsection (d)— (A) in the subsection heading, by striking ‘‘CON G RESS’’ and inserting ‘‘THE AUTHORI Z ING COMMITTEES’’; (B) in the matter preceding paragraph (1), by striking ‘‘the Congress’’ and inserting ‘‘the authori z ing committees’’; (C) in paragraphs (2), (3), and (4), by inserting ‘‘, summer of service educational awards, or silver scholar awards’’ after ‘‘national service educational awards’’ each place the term appears; and (D) in paragraph (4)— (i) by inserting ‘‘, additional approved summer of service positions, and additional approved silver scholar positions’’ after ‘‘additional approved national service positions’’; and (ii) by striking ‘‘under subtitle C’’. SEC.1402 . IND I V ID UAL S ELI G I B LE TOR ECEIVE AN EDUCATIONAL A W ARD F RO M T H E TRUST. Section 146 (42 U.S.C. 12602) is amended— (1) by striking the section heading and inserting the fol- lowing:


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 123STA T . 1 5 13 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9‘ ‘ SEC.146 . IND I V ID UAL S ELI G I B LE TOR ECEIVE AN EDUCATIONAL A W ARD F RO M T H E TRUST. ’ ’ s ect i o n( a ) — ( A )int h e m atte rp rece d in g paragraph ( 1 )— (i) b y inserting ‘ ‘, summer o f ser v ice educationa l a w ard, or silver scholar educational award ’ ’ after ‘‘national service educational award’’ and (ii) by stri k ing ‘‘if the individual’’ and inserting ‘‘if the organi z ation responsible for the individual’s supervision in a national service program certifies that the individual’’; ( B ) by striking paragraphs (1), (2), and ( 3 ) and inserting the following ‘‘(1) met the applicable eligibility re q uirements for the approved national service position, approved silver scholar posi - tion, or approved summer of service position, as appropriate, in which the individual served; ‘‘(2)(A) for a full-time or part-time national service edu- cational award, successfully completed the required term of service described in subsection (b)(1) in the approved national service position; ‘‘(B) for a partial educational award in accordance with section 13 9 (c)— ‘‘(i) satisfactorily performed prior to being granted a release for compelling personal circumstances under such section; and ‘‘(ii) completed at least 1 5 percent of the required term of service described in subsection (b) for the approved national service position; ‘‘( C ) for a summer of service educational award, successfully completed the required term of service described in subsection (b)(2) in an approved summer of service position, as certified through a process determined by the Corporation through regu- lations consistent with section 13 8 (f); or ‘‘( D ) for a silver scholar educational award, successfully completed the required term of service described in subsection (b)(3) in an approved silver scholar position, as certified through a process determined by the Corporation through regulations consistent with section 138(f); and’’ . (C) by redesignating paragraph ( 4 ) as paragraph (3); (3) in subsection (b)— (A) by striking ‘‘ T he term’’ and inserting the following: ‘‘(1) A P P ROVEDNATI ONA LS ERVI C E POSITION.—The term’’; and (B) by adding at the end the following: ‘‘(2) APPROVED S UM MER O F SERVICE POSITION.—The term of service for an approved summer of service position shall not be less than 1 0 0 hours of service during the summer months. ‘‘(3) APPROVED SILVER SC H OLAR POSITION.—The term of service for an approved silver scholar position shall be not less than 350 hours during a 1-year period.’’; (4) by striking subsection (c) and inserting the following: ‘‘(c) L IMITATION ON R ECEIPT OF N ATIONAL S ERVICE E DU- CATIONAL A W ARDS.—An individual may not receive, through national service educational awards and silver scholar educational awards, more than an amount equal to the aggregate value of 42USC1 2 60 2.
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 123STA T . 1 5 1 4PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 92suchaw a rd s fo rfu l l -time ser v ice .T he value of summer of service educatio n al awards that an individual receives shall have no effect onthea g gregate value of the national service educational awards the individual ma y receive. ’ ’ in su b section (d) — ( A )in p aragraph ( 1 )— (i) by stri k ing ‘ ‘ SEV E N - Y E AR RE QUI RE M EN T ’’ and inserting ‘‘ I N G ENERA L ’’; (ii) by striking ‘‘An’’ and inserting ‘‘Sub j ect to para- graph (2) , an’’; (iii) by inserting ‘‘or a silver scholar educational award’’ after ‘‘national service educational award’’; (iv) by inserting ‘‘or an approved silver scholar position, as applicable,’’ after ‘‘approved national service position’’; and (v) by adding at the end the following ‘‘Subject to paragraph (2), an individual eligible to receive a summer of service educational award under this section may not use such award after the end of the 1 0 - year period beginning on the date the individual com- pletes the term of service in an approved summer of service position that is the basis of the award.’’; ( B ) in paragraph (2)— (i) in the matter preceding subparagraph (A) and in subparagraph (A), by inserting ‘‘, summer of service educational award, or silver scholar educational award’’ after ‘‘national service educational award’’; (ii) in subparagraph (A), by inserting ‘‘, or 10- year period, as appropriate’’ after ‘‘ 7 -year period’’; and (iii) in subparagraph (B), by inserting ‘‘, approved summer of service position, or approved silver scholar position’’ after ‘‘approved national service position’’; and ( C ) by adding at the end the following: ‘‘( 3 ) TERM FO R TRAN S FERRE D EDU C ATIONAL A W ARDS.— F or purposes of applying paragraphs (1) and (2)(A) to an individual who is eligible to receive an educational award as a designated individual (as defined in section 1 48 (f)(8)), references to a seven- year period shall be considered to be references to a 10-year period that begins on the date the individual who transferred the educational award to the designated individual completed the term of service in the approved national service position or approved silver scholar position that is the basis of the award.’’; and ( 6 ) in subsection (e)(1)— (A) by inserting after ‘‘ q ualifying under this section’’ the following: ‘‘or under section 11 9 (c)(8)’’; and (B) by inserting after ‘‘to receive a national service educational award’’ the following: ‘‘, a summer of service educational award, or a silver scholar educational award’’. SEC.1403 .CE RTIF IC A TI ON S. The Act is amended by adding after section 146 (42 U .S.C. 12602) the following: ‘ ‘SEC. 14 6 A. CERTIFICATIONS OF S U CCESSFU L CO MP LETION OF TERMS OF SER V ICE. ‘‘(a) CERTIFICATIONS.—In making any authori z ed disbursement from the N ational Service Trust in regard to an eligible individual 42USC1 2 60 2 a.
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 123STA T . 1 5 15 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9(includ in g di sb u r s em en tfo r a designated indi v idual, as defined in section 148 (f ) (8), due to t h e service of an eligible individual) under section 14 6w ho served in an a p proved national service position, an approved summer of service position, or an approved silver scholar position, the C orporation shall rel y on a certification .T he certification shall be made by the entity that selected the individual for and supervised the individual in the approved national service position in which such individual successfully com - pleted a re q uired term of service, in a national service program. ‘ ‘(b) EF F ECTO FE R RO N EO US CERT I FIC A TIONS. —I f the Corpora- tion determines that the certification under subsection (a) is erro- neous or incorrect, the Corporation shall assess against the national service program a charge for the amount of any associated payment or potential payment from the N ational S ervice Trust. In assessing the amount of the charge, the Corporation shall consider the full facts and circumstances surrounding the erroneous or incorrect certification. ’ ’. SEC.140 4. D E T E RMINA TI O NO F T H E AMO U NT OF THE EDUCATIONA L A W ARD. Section 14 7 (4 2U .S.C. 126 03 ) is amended— (1) by stri k ing the section heading and inserting the fol- lowing

‘SEC. 14 7 . DETERMINATION OF THE AMOUNT OF THE EDUCATIONAL AWARD. ’ ’ (2) by amending subsection (a) to read as follows: ‘‘(a) AM OUNT FOR F U L L-TIME NATIONAL SER V ICE.—E x cept as provided in subsection (c), an individual described in section 146(a) who successfully completes a required term of full-time national service in an approved national service position shall receive a national service educational award having a value equal to the maximum amount of a Federal P ell G rant under section 401 of the H igher Education Act of 1 9 6 5 (20 U.S.C. 1070a) that a student eligible for such Grant may receive in the aggregate (without regard to whether the funds are provided through discretionary or manda- tory appropriations), for the award year for which the national service position is approved by the Corporation.’’ (3) in subsection (b), by striking ‘‘, for each of not more than 2 of such terms of service,’’; and (4) by adding at the end the following: ‘‘(d) AMOUNT FOR SUMMER OF SERVICE.—An individual described in section 146(a) who successfully completes a required summer of service term shall receive a summer of service edu- cational award having a value, for each of not more than 2 of such terms of service, equal to $ 500 (or, at the discretion of the Chief Executive O fficer, equal to $750 in the case of a participant who is economically disadvantaged). ‘‘(e) AMOUNT FOR SILVER SC H OLARS.—An individual described in section 146(a) who successfully completes a required silver scholar term shall receive a silver scholar educational award having a value of $1,000.’’. SEC. 140 5 . DIS B URSEMENT OF EDUCATIONAL AWARDS. Section 148 (42 U.S.C. 12604) is amended— (1) by striking the section heading and inserting the fol- lowing: Paymentch a rg e .
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 123STA T . 1 5 1 6PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9‘ ‘ SEC.148 . DI S BUR SE M E NTOF EDUC A TIONA L A W ARDS. ’ ’ s ect i o n( a ) — ( A )in p a r a g rap h (2), b y stri k ing ‘ ‘cost o f atten d ance ’ ’ and inserting ‘‘cost of attendance or other educationa l e x penses’’ ( B ) in paragraph ( 3 ), by striking ‘‘and’’; ( C ) by redesignating paragraph ( 4 ) as paragraph ( 5 ); and ( D ) by inserting after paragraph (3) the follo w ing ‘‘(4) to pay expenses incurred in enrolling in an educational institution or training establish m ent that is appro v ed under chapter 3 6 of title 3 8, U nited S tates Code, or other applicable provisions of law, for offering programs of education, apprentice - ship, or on- j ob training for which educational assistance may be provided by the Secretary of V eterans Affairs; and’’; (3) in subsection (b)— (A) in paragraph ( 1 ), by inserting after ‘‘the national service educational award of the individual’’ the following: ‘‘, an eligible individual under section 146(a) who served in a summer of service program and desires to apply that individual’s summer of service educational award, or an eligible individual under section 146(a) who served in a silver scholar program and desires to apply that individ- ual’s silver scholar educational award,’’; (B) in paragraph (2), by inserting after ‘‘the national service educational award’’ the following: ‘‘, the summer of service educational award, or the silver scholar edu- cational award, as applicable,’’; (C) in paragraph (5), by inserting after ‘‘the national service educational award’’ the following: ‘‘, the summer of service educational award, or the silver scholar edu- cational award, as applicable’’; and (D) in paragraph ( 7 )— (i) in subparagraph (A), by striking ‘‘and’’ at the end; (ii) in subparagraph (B), by striking the period and inserting ‘‘; and’’; and (iii) by adding at the end the following: ‘‘(C) any loan (other than a loan described in subpara- graph (A) or (B)) determined by an institution of higher education to be necessary to cover a student’s educational expenses and made, insured, or guaranteed by— ‘‘(i) an eligible lender, as defined in section 435 of the H igher E ducation Act of 1 9 65 (2 0 U . S.C. 1085); ‘‘(ii) the direct student loan program under part D of title I V of such Act (20 U.S.C. 1087a et se q .); ‘‘(iii) a State agency; or ‘‘(iv) a lender otherwise determined by the Cor- poration to be eligible to receive disbursements from the N ational Service T rust.’’; (4) in subsection (c)— (A) in paragraph (1), by inserting after ‘‘national service educational award’’ the following: ‘‘, an eligible indi- vidual under section 146(a) who desires to apply the individual’s summer of service educational award, or an eligible individual under section 146(a) who served in a
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 123STA T . 1 5 1 7PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9silver s cho l a r p ro g ra m a nd desires t o appl y that individ -u al ’ s silver scholar educational a w ard , ’’ in paragraph ( 2 ) — (i) in su b paragraph ( A ), by inserting a f ter ‘ ‘national service educational award’’ the following ‘‘, summer of service educational award, or silver scholar edu- cational award, as applicable,’’; and (ii) in subparagraph ( C )(iii), by inserting after ‘‘national service educational awards’’ the following: ‘‘, summer of service educational awards, or silver scholar educational awards, as applicable,’’; (C) in paragraph ( 3 ), by inserting after ‘‘national service educational awards’’ the following: ‘‘summer of service educational awards, or silver scholar educational awards’’; ( D ) in paragraph ( 5 )— (i) in the first sentence, by inserting after ‘‘national service educational award’’ the following: ‘‘, summer of service educational award, or silver scholar edu- cational award, as applicable,’’; and (ii) in the third sentence, by inserting before the period the following: ‘‘, additional approved summer of service positions, and additional approved silver scholar positions’’; and ( E ) in paragraph ( 6 )— (i) in the matter preceding subparagraph (A), by inserting after ‘‘national service educational award’’ the following: ‘‘, summer of service educational award, or silver scholar educational award’’; (ii) in subparagraph (A), by inserting ‘‘and other educational e x penses’’ after ‘‘cost of attendance’’; and (iii) by stri k ing subparagraph (B) and inserting the following: ‘‘(B) the student’s estimated financial assistance for such period under part A of title IV of such Act (2 0U.S .C. 1 0 7 0etse q .).’’; (5) in subsection (d), by inserting after ‘‘national service educational awards’’ the following: ‘‘, summer of service edu- cational awards, and silver scholar educational awards’’; (6) in subsection (e), by striking ‘‘subsection (b)(6)’’ and inserting ‘‘subsection (b)(7)’’; (7) in subsection (f)— (A) by striking ‘‘Director’’ and inserting ‘‘Chief Execu- tive O fficer’’; and (B) by inserting ‘‘, summer of service educational award, or silver scholar educational award, as appropriate,’’ after ‘‘national service educational award’’; ( 8 ) by redesignating subsections (f) and (g) as subsections (g) and (h) respectively; and ( 9 ) by inserting after subsection (e) the following: ‘‘(f) TRANSFE R O FE DUC A TI ONA L A W ARDS.— ‘‘(1) IN G ENERAL.—An individual who is eligible to receive a national service educational award or silver scholar edu- cational award due to service in a program described in para- graph (2) may elect to receive the award (in the amount described in the corresponding provision of section 1 4 7) and transfer the award to a designated individual. Subsections (b), Ap p licab ili ty.
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 123STA T . 1 5 1 8PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9(c),and (d) sh a l la p pl yto th e des ig nated indi v id u al in lieu o f the individual w ho is eligi b le to r eceive the national service educational award or silver scholar educational award, e x cept that a m ounts refunded to the account under subsection (c)( 5 ) on behalf of a designated individual may be used by the C or - poration to fund additional placements in the national service program in which the eligible individual who transferred the national service educational award or silver scholar educational award participated for such award .‘ ‘( 2 )C ONDIT ION SF O R TR A NSF E R. —A n educational award may be transferred under this subsection if— ‘‘(A)(i) the award is a national service educational award for service in a national service program that receives a grant under subtitle C and ‘‘(ii) before beginning the term of service involved, the eligible individual is age 55 or older; or ‘‘( B ) the award is a silver scholarship educational award under section 198 C(a). ‘‘( 3 ) M ODIFI C ATION OR RE V OCATION.— ‘‘(A) I N G ENERA L .—An individual transferring an edu- cational award under this subsection may, on any date on which a portion of the educational award remains unused, modify or revo k e the transfer of the educational award with respect to that portion. ‘‘(B) N OTICE.—A modification or revocation of the transfer of an educational award under this paragraph shall be made by the submission of written notice to the Corporation. ‘‘( 4 ) P RO H I B ITION ON TREAT M ENT OF TRANSFERRED A W ARD AS MARITAL P ROPERT Y .—An educational award transferred under this subsection may not be treated as marital property, or the asset of a marital estate, sub j ect to division in a divorce or other civil proceeding. ‘‘(5) D EATH OF TRANSFEROR.— T he death of an individual transferring an educational award under this subsection shall not affect the use of the educational award by the child, foster child, or grandchild to whom the educational award is trans- ferred if such educational award is transferred prior to the death of the individual. ‘‘( 6 ) PROCED U RES TO PREVENT WASTE, FRAUD, OR ABUSE.— The Corporation shall establish re q uirements to prevent waste, fraud, or abuse in connection with the transfer of an educational award and to protect the integrity of the educational award under this subsection. ‘‘( 7 ) TECHNICAL ASSISTANCE.—The Corporation may, as appropriate, provide technical assistance, to individuals and eligible entities carrying out national service programs, con- cerning carrying out this subsection. ‘‘(8) DEFINITION OF A DESIGNATED INDIVIDUAL.—In this sub- section, the term ‘designated individual ’ is an individual— ‘‘(A) whom an individual who is eligible to receive a national service educational award or silver scholar edu- cational award due to service in a program described in paragraph (2) designates to receive the educational award; ‘‘(B) who meets the eligibility requirements of para- graphs (3) and (4) of section 146(a); and


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 123STA T . 1 5 1 9PUBLIC LA W 111 – 13 — AP R .21 , 2 0 09 ‘ ‘ (C)whoisac hi ld,f os ter child, or g ra n dchild of the indi v id u al descri b ed in sub p aragraph ( A ) .’ ’. SEC.1406 . AP P ROV A L PROCESS F OR APPROVE D POS IT IO N S. (a) INGE NE RAL . —S ubtitle D oftitleI( 42U .S.C. 1 2 60 1et se q .)isa m ended b y adding at the end the following new section

‘SEC. 14 9 . APPROVAL PROCESS FOR APPROVED POSITIONS. ‘‘(a) TIM IN G AN DR E CO RDING RE QU IREMEN TS .— ‘‘(1) IN GENERAL.— N otwithstanding subtitles C, D, and H , and any other provision of law, in approving a position as an approved national service position, an approved summer of service position, or an approved silver scholar position, the Corporation— ‘‘(A) shall approve the position at the time the Corpora - tion— ‘‘(i) enters into an enforceable agreement with an individual participant to serve in a program carried out under subtitle E of title I of this Act, section 1 98B or 198C(a), or under title I of the Domestic V olun- teer Service Act of 19 73 (42 U.S.C. 49 5 1 et seq.), a summer of service program described in section 119(c)(8), or a silver scholarship program described in section 198C(a) or ‘‘(ii) e x cept as provided in clause (i), awards a grant to (or enters into a contract or cooperative agree- ment with) an entity to carry out a program for which such a position is approved under section 123; and ‘‘(B) shall record as an obligation an estimate of the net present value of the national service educational award, summer of service educational award, or silver scholar educational award associated with the position, based on a formula that ta k es into consideration historical rates of enrollment in such a program, and of earning and using national service educational awards, summer of service educational awards, or silver scholar educational awards, as appropriate, for such a program and remain available. ‘‘(2) F ORMULA.—In determining the formula described in paragraph (1)(B), the Corporation shall consult with the Director of the Congressional Budget O ffice. ‘‘(3) CERTI F ICATION RE P ORT.—The Chief Executive Officer of the Corporation shall annually prepare and submit to the authori z ing committees a report that contains a certification that the Corporation is in compliance with the requirements of paragraph (1). ‘‘(4) APPRO V AL.—The requirements of this subsection shall apply to each approved national service position, approved summer of service position, or approved silver scholarship posi- tion that the Corporation approves— ‘‘(A) during fiscal year 2010; and ‘‘(B) during any subsequent fiscal year. ‘‘(b) RESERVE ACCOUNT.— ‘‘(1) ESTA B LIS H MENT AND CONTENTS.— ‘‘(A) ESTABLISHMENT.—Notwithstanding subtitles C, D, and H, and any other provision of law, within the National Service Trust established under section 145, the Corpora- tion shall establish a reserve account. Ap p licab ili ty.42USC1 2 60 6.


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 123STA T . 1 5 2 0PUBLIC LA W 111 – 13 — AP R .21 , 200 9‘ ‘ (B)CONTE NT S.—Toensur e th e av a il a b ilit y o f a d e q uate funds to su p port the a w ards of approved national servi c e positions , approved su m mer of service positions, and approved silver scholar positions, for each fiscal year, the Corporation shall place in the account— ‘‘(i) durin g fiscal year 201 0, a portion of the funds that were appropriated for fiscal year 2010 or a pre - vious fiscal year under section 5 01 of this A ct or section 501 of the D omestic V olunteer S ervice Act of 1 973 ( 4 2 U .S.C. 50 8 1), were made available to carry out subtitle C, D, or E of this title, section 198B or 198C(a), subtitle A of title I of the Domestic Volunteer Service Act of 1973, or summer of service programs described in section 119(c)(8), and remain available and ‘‘(ii) during fiscal year 2011 or a subsequent fiscal year, a portion of the funds that were appropriated for that fiscal year under section 501 of this Act or section 501 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5081), were made available to carry out subtitle C, D, or E of this title, section 198B or 198C(a), subtitle A of title I of the Domestic Volunteer Service Act of 1973, or summer of service programs described in section 119(c)(8), and remain available. ‘‘(2) OBLIGA TION.—The Corporation shall not obligate the funds in the reserve account until the Corporation— ‘‘(A) determines that the funds will not be needed for the payment of national service educational awards associated with previously approved national service posi- tions, summer of service educational awards associated with previously approved summer of service positions, and silver scholar educational awards associated with pre- viously approved silver scholar positions; or ‘‘(B) obligates the funds for the payment of national service educational awards for such previously approved national service positions, summer of service educational awards for such previously approved summer of service positions, or silver scholar educational awards for such previously approved silver scholar positions, as applicable. ‘‘(c) A UD ITS.—The accounts of the Corporation relating to the appropriated funds for approved national service positions, approved summer of service positions, and approved silver scholar positions, and the records demonstrating the manner in which the Corporation has recorded estimates described in subsection (a)(1)(B) as obliga- tions, shall be audited annually by independent certified public accountants or independent licensed public accountants certified or licensed by a regulatory authority of a State or other political subdivision of the United States in accordance with generally accepted auditing standards. A report containing the results of each such independent audit shall be included in the annual report required by subsection (a)(3). ‘‘(d) A V AILABILIT Y O F A M OUNTS.—E x cept as provided in sub- section (b), all amounts included in the N ational Service Trust under paragraphs (1), (2), and (3) of section 145(a) shall be available for payments of national service educational awards, summer of service educational awards, or silver scholar educational awards under section 148. ’ ’. Reports.


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 123STA T . 1 5 21 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9(b)CONF O RMI N GREP E AL.—TheStr e ng then Am er i C o r psP ro - gr a mA c t( 42U .S.C. 1 2 605 ) is repea l e d . Subti t leE—Am e nd ment s t o Subtitle E (Na tional C i v ilian Communit y Co rp s )SEC.150 1. PUR P O SE. Section 151 (42 U.S.C. 12611) is amended to read as f ollo w s

‘SEC. 151. PURPOSE. ‘ ‘ I tisthep u rpose of this subtitle to authori z e the operation of , and support for, residential and other ser v ice programs that combine the best practices of civilian service with the best aspects of militar y service, including leadership and team building, to meet national and community needs. The needs to be met under such programs include those needs related to— ‘‘(1) natural and other disasters ‘‘(2) infrastructure improvement; ‘‘( 3 ) environmental stewardship and conservation; ‘‘(4) energy conservation; and ‘‘(5) urban and rural development. ’ ’. SEC. 150 2 . PRO G R AM COMPO N EN T S. Section 152 (42 U.S.C. 12612) is amended— (1) by amending the section heading to read as follows: ‘‘SEC. 152. ESTA BLI S H MENT O F NATIONAL CI V ILIAN COMMUNIT Y CORPS PROGRAM. ’ ’ (2) in subsection (a), by stri k ing ‘‘Civilian Community Corps D emonstration Program’’ and inserting ‘‘ N ational Civilian Community Corps Program’’; (3) in the matter preceding paragraph (1) of subsection (b)— (A) by striking ‘‘Civilian Community Corps Demonstra- tion Program’’ and inserting ‘‘National Civilian Community Corps Program’’; and ( B ) by striking ‘‘a Civilian Community Corps’’ and inserting ‘‘a National Civilian Community Corps’’; and (4) by striking subsection (c) and inserting the following: ‘‘(c) RE S I D EN T IAL COMPONENTS.—Both programs referred to in subsection (b) may include a residential component.’’. SEC. 150 3 . ELIGIBLE PARTICIPANTS. Section 153 (42 U.S.C. 12613) is amended— (1) in subsection (a)— (A) by striking ‘‘Civilian Community Corps Demonstra- tion Program’’ and inserting ‘‘National Civilian Community Corps Program’’; and (B) by striking ‘‘on Civilian Community Corps’’ and inserting ‘‘on National Civilian Community Corps’’; (2) in subsection (b), by striking paragraph (1) and inserting the following: ‘‘(1) is, or will be, at least 1 8 years of age on or before December 31 of the calendar year in which the individual enrolls in the program, but is not more than 24 years of age as of the date the individual begins participating in the program; and’’;


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 123STA T . 1 5 22 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9(3)insub s ect i o n (c) — ( A )int h e subsection he ad in g, b y st r i k ing ‘ ‘ BACKROUNDS’ ’ and inserting ‘‘BACK G ROUNDS’’ and (B) by adding at the end the f o l lo w ing ‘‘ T he D irector shall take a p propriate steps, including through outreach and recruit m ent acti v ities, to increase the percentage of participants in the program who are disadvantaged youth to 50 percent of all participants by year 2 0 1 2 . The Director shall report to the authori z ing committees biennially on such steps, any challenges faced, and the annual participa - tion rates of disadvantaged youth in the program.’’; ( 4 ) by striking subsection (d); and (5) by redesignating subsection (e) as subsection (d). SEC.1504 .S UM ME RNATIO NA L SER V ICE P RO G RAM. S ection 154 (42 U .S. C .12 6 14) is amended— (1) in subsection (a)— (A) by striking ‘‘Civilian Community Corps Demonstra- tion P rogram’’ and inserting ‘‘ N ational Civilian Community Corps Program’’; and (B) by striking ‘‘on Civilian Community Corps’’ and inserting ‘‘on National Civilian Community Corps’’; and (2) in subsection (b), by striking ‘‘shall be’’ and all that follows through the period at the end and inserting ‘‘shall be from economically and ethnically diverse backgrounds, including youth who are in foster care.’’. SEC. 1505. NATIONAL CIVILIAN COMMUNIT Y CORPS. Section 155 (42 U.S.C. 12615) is amended— (1) by amending the section heading to read as follows: ‘ ‘SEC. 155. NATIONAL CIVILIAN COMMUNITY CORPS. ’ ’ (2) in subsection (a)— (A) by striking ‘‘Civilian Community Corps Demonstra- tion Program’’ and inserting ‘‘National Civilian Community Corps Program’’; and (B) by striking ‘‘the Civilian Community Corps shall’’ and inserting ‘‘the National Civilian Community Corps shall’’; (3) in subsection (b)— (A) by amending the subsection heading to read as follows: ‘‘(b) MEMB ERS HIP IN NA T IONA L CI V ILIAN COMMUNIT Y CORPS.—’’; (B) in paragraph (1), by inserting ‘‘National’’ before ‘‘Civilian Community Corps’’; (C) in paragraph (3)— (i) by striking ‘‘superintendent’’ and inserting ‘‘campus director’’; and (ii) by striking ‘‘camp’’ and inserting ‘‘campus’’; and (D) by adding at the end the following: ‘‘(4) TEAM LEADERS.— ‘‘(A) I N GENERAL.—The Director may select individuals with prior supervisory or service e x perience to be team leaders within units in the National Civilian Community Corps, to perform service that includes leading and super- vising teams of Corps members. E ach team leader shall


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 123STA T . 1 5 23 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9bes e l e ct e dwi t hou t r e ga rdtotheageli m itatio n under section 153( b ).‘ ‘( B ) RIGHTSANDBE NE F ITS. —A team leader shall be p ro v ided the same rights and bene f its applicable to other C orps members , e x cept that the D irector ma y increase the limitation on the amount of the living allowance under section 15 8 (b) by not more than 1 0 percent for a team leader. ’ ’ ( 4 ) in subsection (d)— (A) by amending the subsection heading to read as follows ‘‘(d) CA MPU SES.—’’; (B) in paragraph (1)— (i) by amending the paragraph heading to read as follows: ‘‘(1) U NITS T O BE ASSIGNED TO C AMPUSES.—’’; (ii) by stri k ing ‘‘in camps’’ and inserting ‘‘in cam - puses’’; (iii) by striking ‘‘Corps camp’’ and inserting ‘‘Corps campus’’; and (iv) by striking ‘‘in the camps’’ and inserting ‘‘in the campuses’’; (C) by amending paragraphs ( 2 )and(3)toreadas follows: ‘‘(2) CAMPUS DI R ECTOR.— T here shall be a campus director for each campus. The campus director is the head of the cam- pus. ‘‘(3) EL IGIBLE SITE FOR CAMPUS.—A campus shall be cost effective and may, upon the completion of a feasibility study, be located in a facility referred to in section 1 6 2(c).’’; (5) in subsection (e)— (A) by amending the subsection heading to read as follows: ‘‘(e) DISTRIBUTION OF UNITS AND CAMPUSES.—’’; (B) by striking ‘‘camps are distributed’’ and inserting ‘‘campuses are cost effective and are distributed’’; and (C) by striking ‘‘rural areas’’ and all that follows through the period at the end and inserting ‘‘rural areas such that each Corps unit in a region can be easily deployed for disaster and emergency response to such region.’’; and (6) in subsection (f)— (A) in paragraph (1)— (i) by striking ‘‘superintendent’’ and inserting ‘‘campus director’’; and (ii) by striking ‘‘camp’’ both places such term appears and inserting ‘‘campus’’; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking ‘‘superintendent of a camp’’ and inserting ‘‘campus director of a campus’’; (ii) in subparagraph (A)— ( I ) by striking ‘‘superintendent’’ and inserting ‘‘campus director’’; (II) by striking ‘‘superintendent’s’’ and inserting ‘‘campus director’s’’; and (III) by striking ‘‘camp’’ each place such term appears and inserting ‘‘campus’’; and


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 123STA T . 1 5 2 4PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9(i ii ) i nsubpar a g rap h ( B ) , b y s t ri k ing ‘ ‘sup e r - inten d ent ’ ’ and inserting ‘‘ c a m pus direct o r’’ and ( C ) in paragraph ( 3 ), by striking ‘‘camp superintendent’’ and inserting ‘‘campus director’’ .SEC.1506 . TRAIN IN G . S ection 156 ( 42U .S.C. 12616) is amended — (1) in subsection (a)— ( A ) by inserting ‘‘ N ationa l ’’ be f ore ‘‘Ci v ilian Community Corps’’; and (B) by adding at the end the follo w ing ‘‘ T he D irector shall ensure that, to the e x tent practicable, each member of the Corps is trained in C PR, first aid, and other skills related to disaster preparedness and response.’’; (2) in subsection (b)(1), by inserting before the period at the end the following: ‘‘, including a focus on energy conserva- tion, environmental stewardship or conservation, infrastructure improvement, urban and rural development, or disaster preparedness needs, as appropriate’’; (3) by amending subsection (c)(2) to read as follows: ‘‘(2) C O O RDINAT ION W IT H OTH E R ENTITIE S .— M embers of the cadre may provide, either directly or through grants, contracts, or cooperative agreements, the advanced service training referred to in subsection (b)(1) in coordination with vocational or technical schools, other employment and training providers, existing youth service programs, other q ualified individuals, or organi z ations with expertise in training youth, including disadvantaged youth, in the skills described in such sub- section.’’; and (4) in subsection (d), by striking ‘‘section 162(a)(3)’’ and inserting ‘‘section 162(c)’’. SEC. 150 7 .C O NS UL TATION W IT H STATE CO M MISSIONS. Section 15 7 (42 U.S.C. 12617) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting ‘‘National’’ before ‘‘Civilian Community Corps’’; (B) in paragraph (1), by inserting before the semicolon the following: ‘‘, with specific emphasis on pro j ects in sup- port of infrastructure improvement, energy conservation, and urban and rural development’’; and (C) in paragraph (2), by striking ‘‘service learning’’ and inserting ‘‘service-learning’’; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A), by striking ‘‘and the Sec- retary of H ousing and Urban Development’’ and inserting ‘‘the Secretary of Housing and Urban Development, the Administrator of the E nvironmental Protection Agency, the Administrator of the F ederal Emergency Management Agency, the Secretary of Energy, the Secretary of Transportation, and the Chief of the Forest Service’’; and (ii) in subparagraph (B)— ( I ) by inserting ‘‘community-based entities and’’ before ‘‘representatives of local communities’’; and


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 123STA T . 1 5 25 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9(I I )bystrik i ng‘ ‘ camp’ ’b o t h p l ac e ss u ch term appears an d inserting ‘‘campus’’ and ( B ) in paragraph ( 2 ) , by inserting ‘‘ S tate C ommissions,’’ be f ore ‘‘and persons in v olved in other youth service pro - grams . ’’; and ( 3 ) in subsection (c) — ( A ) in paragraph ( 1 )— (i) by striking ‘‘superintendent’’ both places such term appears and inserting ‘‘campus director’’; and (ii) by striking ‘‘camp’’ both places such term appears and inserting ‘‘campus’’; and (B) in paragraph (2), by striking ‘‘camp superintend- ents’’ and inserting ‘‘campus directors’’. SEC.1508 . AUTHORIZ E DB E N E F ITS FOR COR P S M EMBERS. Section 1 58 ( 4 2 U .S.C. 12 6 18) is amended— (1) in subsection (a), by inserting ‘‘ N ational’’ before ‘‘Civilian Community Corps’’; and (2) in subsection (c)— (A) in the matter preceding paragraph (1)— (i) by inserting ‘‘National’’ before ‘‘Civilian Commu- nity Corps’’; and (ii) by inserting before the colon the follo w ing ‘‘, as the D irector determines appropriate’’; (B) in paragraph (6), by striking ‘‘Clothing’’ and inserting ‘‘Uniforms’’; and (C) in paragraph ( 7 ), by striking ‘‘ R ecreational services and supplies’’ and inserting ‘‘Supplies’’. SEC. 150 9 . PERMANENT CADRE. Section 15 9 (42 U.S.C. 12619) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking ‘‘Civilian Community Corps Demonstration P rogram’’ and inserting ‘‘National Civilian Community Corps Program’’; and (B) in paragraph (1)— (i) by inserting ‘‘including those’’ before ‘‘rec- ommended’’; and (ii) by inserting ‘‘National’’ before ‘‘Civilian Community Corps’’; (2) in subsection (b)(1), by inserting ‘‘National’’ before ‘‘Civilian Community Corps’’; (3) in subsection (c)— (A) in paragraph (1)(B)(i), by inserting ‘‘National’’ before ‘‘Civilian Community Corps’’; and (B) in paragraph (2)— (i) in subparagraph (A)— (I) by striking ‘‘ T he Director shall establish a permanent cadre of’’ and inserting ‘‘The Chief Ex ecutive O fficer shall establish a permanent cadre that includes the Director and other appointed’’; and (II) by inserting ‘‘National’’ before ‘‘Civilian Community Corps’’; (ii) in subparagraph (B), by striking ‘‘The Director shall appoint the members’’ and inserting ‘‘The Chief


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 123STA T . 1 5 2 6PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9Executiv e Of fice rshal lc on si d er the reco m mendations of the D irector in a p pointin g the other mem b ers ’ ’ iii ) in subparagraph ( C ) — ( I ) in the matter preceding clause (i), b y stri k ing ‘ ‘the Director’’ and inserting ‘‘the Chief Executive Officer’’; (II) in clause (i), by striking ‘‘section 162 (a)(2)’’ and inserting ‘‘section 162(b)’’; (III) in clause (iii), by striking ‘‘and’’ at the end; (I V ) by redesignating clause (iv) as clause (v); and (V) by inserting after clause (iii) the follo w ing ‘‘(iv) give consideration to retired and other former law enforcement, fire, rescue, and emergency per - sonnel, and other individuals with backgrounds in dis- aster preparedness, relief, and recovery; and’’; and (iv) in subparagraph (E)— (I) by striking ‘‘to members’’ and inserting ‘‘to other members’’; (II) by inserting after ‘‘techni q ues’’ the fol- lowing: ‘‘, including techniques for working with and enhancing the development of disadvantaged youth,’’; and (III) by striking ‘‘service learning’’ and inserting ‘‘service-learning’’; and (C) in paragraph ( 3 )— (i) in the first sentence, by striking ‘‘the members’’ and inserting ‘‘other members’’; and (ii) in the third sentence, by striking ‘‘section 162(a)(2)( A )’’ and inserting ‘‘162(b)(1)’’ .SEC.15 1 0 . S TA T U S OF CO RP S M EM B ERS A ND CORPS PERSONNE L UNDER FEDERAL LA W . S ection 16 0 (a) ( 4 2 U .S.C. 12620(a)) is amended by inserting ‘‘ N ational’’ before ‘‘Civilian Community Corps’’. SEC. 1511. CONTRACT AND G RANT AUT H OR I T Y . Section 161 (42 U.S.C. 12621) is amended— (1) in subsection (a), by striking ‘‘perform any program function under this subtitle’’ and inserting ‘‘carry out the National Civilian Community Corps program’’; and (2) in subsection (b)— (A) in paragraph (1)( B ), by striking ‘‘section 162(a)(3)’’ and inserting ‘‘section 162(c)’’; and (B) in paragraph (2), by inserting ‘‘National’’ before ‘‘Civilian Community Corps’’. SEC. 151 2 . OTHER DEPARTMENTS. (a) I NGE NE RAL .—Section 162 (42 U.S.C. 12622) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A), by inserting ‘‘National’’ before ‘‘Civilian Community Corps’’; and (ii) in subparagraph (B)(i), by striking ‘‘the registry established by’’ and all that follows through the semi- colon and inserting ‘‘the registry established by section 1143a of title 10, United States Code;’’;


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 123STA T . 1 5 2 7PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9(B)inpar a g rap h ( 2 )( A ) ,byst ri k ing ‘ ‘t o b e re c o m men d ed f or appointment ’ ’ and inserting ‘‘from w hich indi v id u a l s may be selected for appointment by the D irector’’ and ( C ) in paragraph ( 3 ), by inserting ‘‘ N ational’’ before ‘‘Civilian Community Corps’’; and (2) by striking subsection (b) . (b) TECHNI C AL A M EN D MEN TS . —S ection 16 2( 4 2 U .S.C. 12622), as amended by subsection (a), is further amended— (1) in the section heading, by striking ‘‘ OTHERD E PA RT -M E N T S ’’ and inserting ‘‘DEPARTMENT O F DEFENSE’’; (2) by redesignating paragraphs (2), (3), and (4) of sub - section (a) as subsections (b), (c), and (d), respectively, and aligning the margins of such subsections with the margins of section 161(a) of the Act; (3) by striking ‘‘(a) SEC R ETAR Y ’’ and all that follows through ‘‘ OF FICE.—’’ and inserting the following ‘‘(a) L IAIS O N OFFICE.—’’; (4) in subsection (a) (as amended by paragraph (3))— (A) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and aligning the mar- gins of such paragraphs with the margins of section 161(b)(1) of the Act; and (B) by redesignating clauses (i) and (ii) of paragraph (2) (as redesignated by subparagraph (A)) as subparagraphs (A) and (B), respectively, and aligning the margins of such subparagraphs with the margins of section 161(b)(1)(A) of the Act; ( 5 ) in subsection (b) (as redesignated by paragraph (2))— (A) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively, and aligning the margins of such paragraphs with the margins of section 161(b)(1) of the Act; (B) in paragraph (1) (as redesignated by subparagraph (A)), by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’; and (C) in paragraph (2) (as redesignated by subparagraph (A)), by striking ‘‘paragraph’’ and inserting ‘‘subsection’’; and (6) in subsection (c) (as redesignated by paragraph (2))— (A) by striking ‘‘this paragraph’’ and inserting ‘‘this subsection’’; and (B) by striking ‘‘paragraph (1)’’ and inserting ‘‘sub- section (a)’’. SEC.15 1 3 . ADVI S ORYB OARD. Section 163 (42 U.S.C. 12623) is amended— (1) in subsection (a)— (A) by striking ‘‘Upon the establishment of the P ro- gram, there shall also be’’ and inserting ‘‘There shall be’’; (B) by inserting ‘‘National’’ before ‘‘Civilian Community Corps Advisory Board’’; and (C) by striking ‘‘to assist’’ and all that follows through the period at the end and inserting ‘‘to assist the Corps in responding rapidly and efficiently in times of natural and other disasters. The Advisory Board members shall help coordinate activities with the Corps as appropriate, including the mobili z ation of volunteers and coordination


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 123STA T . 1 5 2 8PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9ofv o lunte e rc enter s to h el p loc a lco m mun i ties recover from the effects of natural an d other disasters .’ ’ in su b section (b) — ( A )b y redesi g nating paragraphs ( 8 )and( 9 ) as para - graphs ( 13 )and(1 4 ) , respectively; ( B ) by inserting after paragraph ( 7 ) the follo w ing
 * (2)

‘(8) T he Administrator of the F ederal E mergency M anage- ment Agency. ‘‘(9) The S ecretary of Transportation. ‘‘(1 0 ) The C hief of the Forest Service. ‘‘(11) The Administrator of the Environmental P rotection Agency. ‘‘(12) The Secretary of Energy.’’; and (C) in paragraph (13), as so redesignated, by stri k ing ‘‘industry,’’ and inserting ‘‘public and private organi z a- tions,’’. SEC.15 1 4 .E VALU A TION S. Section 1 6 4 (42 U .S.C. 12624) is amended— (1) in the section heading, by striking ‘‘ AN N U A LEV ALUA -TIO N’’ and inserting ‘‘EVALUATION S ’’; (2) by striking ‘‘an annual evaluation’’ and inserting ‘‘peri- odic evaluations’’; (3) by striking ‘‘Civilian Community Corps programs’’ and inserting ‘‘ N ational Civilian Community Corps Program’’; and (4) by adding at the end the following: ‘‘Upon completing each such evaluation, the Corporation shall transmit to the authorizing committees a report on the evaluation.’’. SEC. 1515. R E P EAL O F FUN D IN G LI M ITATION. Section 16 5 (42 U.S.C. 12625) is repealed. SEC. 151 6 . DEFINITIONS. Subtitle E of title I (42 U.S.C. 12611 et se q .), as amended by this subtitle, is further amended— (1) by redesignating section 166 as 165; and (2) in section 165 (as redesignated by paragraph (1))— (A) by striking paragraphs (2), (3), and (9); (B) by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively; (C) by inserting after paragraph (1) the following: ‘‘(2) C AMPUSDIRECTO R.—The term ‘campus director’, with respect to a Corps campus, means the head of the campus under section 155(d). ‘‘(3) CORPS.—The term ‘Corps’ means the National Civilian Community Corps required under section 155 as part of the National Civilian Community Corps Program. ‘‘(4) CORPS CAMPUS.—The term ‘Corps campus’ means the facility or central location established as the operational head- quarters and boarding place for particular Corps units.’’; ( D ) in paragraph (5) (as so redesignated), by striking ‘‘Civilian Community Corps Demonstration Program’’ and inserting ‘‘National Civilian Community Corps Program’’; (E) in paragraph (6) (as so redesignated), by inserting ‘‘National’’ before ‘‘Civilian Community Corps’’; (F) in paragraph (8) (as so redesignated), by striking ‘‘The terms’’ and all that follows through ‘‘Demonstration 42USC1 2 6 26.


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 123STA T . 1 5 2 9PUBLIC LA W 111 – 13 — AP R .21 , 2 0 09 Prog r am’ ’a ndi n se r t ing ‘ ‘ Th e term ‘Program’ means the N ationa lC i v ilian Comm u nit y Cor p s Program’’ and (G) in paragraph ( 9 ) (as so redesignated) — (i) in the paragraph heading ,b y stri k ing ‘‘ SERVIC E L E A R N IN G ’’ and inserting ‘‘SERVICE - LEARNING’’; and (ii) in the matter pre c eding subparagraph ( A ), by striking ‘‘service learning’’ and inserting ‘‘service- learning’’ .SEC.15 1 7 . T E RMINOL O GY . Subtitle E o f title I (as so amended) ( 42U .S.C. 1 2 6 11etse q .) is further amended by striking the subtitle heading and inserting the follo w ing

‘ Subti t leE—Na ti on al C i v ilian Co m munit y Co rps’ ’ . Subtitle F — A men d ments to Subtitle F ( Administrative P rovisions ) SEC. 1 60 1. FA MILY AN D MEDICAL LEA V E. Section 1 7 1(a)(1) (42 U.S.C. 126 3 1(a)(1)) is amended by striking ‘‘with respect to a pro j ect’’ and inserting ‘‘with respect to a project authori z ed under the national service laws’’. SEC. 160 2 .RE P ORTS. Section 172 (42 U.S.C. 12632) is amended— (1) in subsection (b)(1), by striking ‘‘appropriate authorizing and appropriations Committees of Congress’’ and inserting ‘‘authorizing committees, the Committee on Appropriations of the H ouse of R epresentatives, and the Committee on Appropria- tions of the Senate’’; and (2) in subsection (c)(2), by striking ‘‘the appropriate commit- tees of Congress’’ and inserting ‘‘the authorizing committees, the Committee on Armed Services of the House of Representa- tives, and the Committee on Armed Services of the Senate’’. SEC. 160 3 . U SE OF FUNDS. Section 174 (42 U.S.C. 12634) is amended by adding at the end the following: ‘‘(d) RE F ERRAL S F O R F E D ERAL ASSIS T ANCE.—A program may not receive assistance under the national service laws for the sole purpose of referring individuals to Federal assistance programs or State assistance programs funded in part by the Federal Govern- ment.’’. SEC. 160 4 . NOTICE ,H EARING, AND GRIEVANCE PROCEDURES. Section 176 (42 U.S.C. 12636) is amended— (1) in subsection (a)(2)(A), by striking ‘‘3 0 days’’ and inserting ‘‘1 or more periods of 30 days not to e x ceed a total of 90 days’’; and (2) in subsection (f)— (A) in paragraph (1), by striking ‘‘A State or local applicant’’ and inserting ‘‘An entity’’; and ( B ) in paragraph (6)— (i) in subparagraph (C), by striking ‘‘and’’;


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 123STA T . 1 5 3 0PUBLIC LA W 111 – 13 — AP R .21 , 200 9(i i )byred e s i gnat ing s u b p aragrap h ( D ) as subpara - graph ( E ) and (iii) by inserting a f ter subparagraph ( C )thef ol - lo w ing

‘(D) in a c ase in which the grie v ance is filed by an individual applicant or participant — ‘‘(i) the applicant ’ s selection or the participant’s reinstate m ent , as the case may be; and ‘‘(ii) other changes in the terms and conditions of service applicable to the individual; and’’ .SEC.1605 . R ES OLUTI O N O FD IS P L A CE M ENT COMPLAINTS. S ection 17 7( 42U .S.C. 12 63 7) is amended— (1) in subsections (a) and (b), by stri k ing ‘‘under this title’’ each place it appears and inserting ‘‘under the national service laws’’; (2) in subsection (b)(1), by striking ‘‘employee or position’’ and inserting ‘‘employee, position, or volunteer (other than a participant under the national service laws)’’; and (3) by adding at the end the following: ‘‘(f) PARENT A LI N VO LVE M ENT.— ‘‘(1) IN G ENERAL.—Programs that receive assistance under the national service laws shall consult with the parents or legal guardians of children in developing and operating pro- grams that include and serve children. ‘‘(2) PARENTAL P ERM IS SION.—Programs that receive assist- ance under the national service laws shall, before transporting minor children, provide the children’s parents with the reason for the transportation and obtain the parents’ written permis- sion for such transportation, consistent with State law.’’. SEC. 1606. STATE COMMISSIONS ON NATIONAL AND COMMUNIT Y SER V ICE. Section 17 8 (42 U.S.C. 12638) is amended— (1) in subsection (a)(2), by striking ‘‘sections 117 B and 13 0 ’’ and inserting ‘‘section 130’’; (2) in subsection (c)(1)— ( A ) in subparagraph (I), by striking ‘‘section 122(a)’’ and all that follows through the period at the end and inserting ‘‘subsection (a), (b), or (c) of section 122.’’; and (B) by adding at the end the following: ‘‘( J ) A representative of the volunteer sector.’’; (3) in subsection (c)(3), by striking ‘‘, unless the State permits the representative to serve as a voting member of the State Commission or alternative administrative entity’’; (4) in subsection (d)(6)(B), by striking ‘‘section 1 9 3A(b)(11)’’ and inserting ‘‘section 193A(b)(12)’’; ( 5 ) in subsection (e)— (A) by striking paragraph (1) and inserting the fol- lowing: ‘‘(1) Preparation of a national service plan for the State that— ‘‘(A) is developed, through an open and public process (such as through regional forums, hearings, and other means) that provides for ma x imum participation and input from the private sector, organi z ations, and public agencies, using service and volunteerism as strategies to meet critical


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 123STA T . 1 5 31 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9com m unity n e e ds, inc l udin g se rv ice t h rough p rogr a ms f unded under the national service la w s ‘ (B) covers a 3- year period, the b eginning of which may be set by the S tate; ‘‘( C )issub j ect to approval by the chief e x ecutive officer of the State; ‘‘( D ) includes measurable goals and outcomes for the State national service programs in the State consistent with the performance levels for national service programs as described in section 179 ( k ); ‘‘( E ) ensures outreach to diverse community-based agencies that serve underrepresented populations, through established networks and registries at the State level, or through the development of such networks and registries; ‘‘( F ) provides for effective coordination of funding applications submitted by the State and other organi z ations within the State under the national service laws; ‘‘( G ) is updated annually, reflecting changes in prac- tices and policies that will improve the coordination and effectiveness of Federal, State, and local resources for service and volunteerism within the State; ‘‘( H ) ensures outreach to, and coordination with, municipalities (including large cities) and county govern- ments regarding the national service laws; and ‘‘( I ) contains such information as the State Commission considers to be appropriate or as the Corporation may re q uire .’ ’; and (B) in paragraph ( 2 ), by striking ‘‘sections 117B and 13 0 ’’ and inserting ‘‘section 130’’; ( 6 ) by redesignating subsections (f) through (j) as sub- sections (h) through (l), respectively; and (7) by inserting after subsection (e) the following ‘‘(f) RELI E F F ROMAD MI N I ST R A TI V ERE QU IREMENTS. —U pon approval of a State plan submitted under subsection (e)(1), the Chief Executive O fficer may waive for the State, or specify alter- natives for the State to, administrative requirements (other than statutory provisions) otherwise applicable to grants made to States under the national service laws, including those requirements identified by the State as impeding the coordination and effective- ness of Federal, State, and local resources for service and vol- unteerism within the State. ‘‘(g) STATE SERVI C E P LAN FOR ADULTS A G E 5 5 OR OLDER.— ‘‘(1) IN GENERAL.— N otwithstanding any other provision of this section, to be eligible to receive a grant or allotment under subtitle B or C or to receive a distribution of approved national service positions under subtitle C, a State shall work with appropriate State agencies and private entities to develop a comprehensive State service plan for service by adults age 55 or older. ‘‘(2) M ATTERS INCLUDED.— T he State service plan shall include— ‘‘(A) recommendations for policies to increase service for adults age 55 or older, including how to best use such adults as sources of social capital, and how to utilize their skills and experience to address community needs; Waiver a utho rit y.


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 123STA T . 1 5 32 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9‘ ‘ (B)recom me ndati on s tot h e S tate a g enc y (as de f ined in section 102 of the Ol der A mericans Act of 1 965 ( 4 2 U. S. C. 3 002)) on — ‘‘(i) a mar k eting o u treach p lan to b usinesses and ‘‘(ii) outreach to— ‘‘( I ) nonprofit organi z ations; ‘‘(II) the State educational agency; ‘‘(III) institutions of higher education; and ‘‘(I V ) other State agencies; ‘‘(C) recommendations for ci v ic engagement and multigenerational activities , such as— ‘‘(i) early childhood education and care, family lit - eracy, and after school programs; ‘‘(ii) respite services for adults age 55 or older and caregivers; and ‘‘(iii) transitions for older adults age 55 or older to purposeful w ork in their post-career lives; and ‘‘( D ) recommendations for encouraging the development of E ncore service programs in the State. ‘‘(3) KNOWLEDG E BAS E.— T he State service plan shall incor- porate the current knowledge base (as of the time of the plan) regarding— ‘‘(A) the economic impact of the roles of workers age 55 or older in the economy; ‘‘(B) the social impact of the roles of such workers in the community; and ‘‘(C) the health and social benefits of active engagement for adults age 55 or older. ‘‘(4) PU BL IC A T ION.—The State service plan shall be made available to the public and be transmitted to the Chief E x ecu- tive Officer. ’ ’. SEC.1607 .E VALU A TION AN D ACCOUNTA B ILIT Y . Section 1 7 9 (42 U.S.C. 12639) is amended— (1) by amending subsection (a) to read as follows ‘‘(a) IN G ENE R AL.—The Corporation shall provide, directly or through grants or contracts, for the continuing evaluation of pro- grams that receive assistance under the national service laws, including evaluations that measure the impact of such programs, to determine— ‘‘(1) the effectiveness of programs receiving assistance under the national service laws in achieving stated goals and the costs associated with such programs, including an evalua- tion of each such program’s performance based on the perform- ance levels established under subsection (k); and ‘‘(2) the effectiveness of the structure and mechanisms for delivery of services, such as the effective utilization of the participants’ time, the management of the participants, and the ease with which recipients were able to receive services, to maximize the cost effectiveness and the impact of such programs.’’; (2) in subsection (g)— (A) in paragraph (3), by striking ‘‘ N ational Senior Vol- unteer Corps’’ and inserting ‘‘National Senior Service Corps’’; and (B) in paragraph (9), by striking ‘‘to public service’’ and all that follows through the period at the end and Grants.Co ntra c ts. Publi c in f or m ation.


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 123STA T . 1 5 33 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9insert in g‘ ‘t o eng a ge in ser v i c et h at b ene f its the co m m u- nit y.’ ’ in the matter p rece d ing subparagraph ( A ) of subsection (i)( 2 ) , by stri k ing ‘‘ C ongress’’ and inserting ‘‘the authori z ing committees’’; and ( 4 ) by adding at the end the fo l lo w ing ‘‘( j ) RES E RV E DP R OG R AMFUN DS F ORA C COUN T A BIL IT Y . —N ot- withstanding any other provision of law, in addition to amounts appropriated to carry out this section, the Corporation may reserve not more than 1 percent of the total funds appropriated for a fiscal year under section 50 1 of this Act and sections 501 and 502 of the D omestic V olunteer S ervice Act of 1 97 3 to support program accountability activities under this section. ‘‘(k) PERFORMANCE L EVELS.— T he Corporation shall, in consulta- tion with each recipient of assistance under the national service laws, establish performance levels for such recipient to meet during the term of the assistance. The performance levels may include, for each national service program carried out by the recipient, performance levels based on the following performance measures: ‘‘(1) Number of participants enrolled in the program and completing terms of service, as compared to the stated participa- tion and retention goals of the program. ‘‘(2) Number of volunteers recruited from the community in which the program was implemented. ‘‘(3) I f applicable based on the program design, the number of individuals receiving or benefitting from the service con- ducted. ‘‘(4) Number of disadvantaged and underrepresented youth participants. ‘‘(5) M easures of the sustainability of the program and the projects supported by the program, including measures to ascertain the level of community support for the program or projects. ‘‘( 6 ) Measures to ascertain the change in attitude toward civic engagement among the participants and the beneficiaries of the service. ‘‘(7) O ther q uantitative and qualitative measures as deter- mined to be appropriate by the recipient of assistance and the Corporation. ‘‘(l) CORRECTIVE ACTION PLANS.— ‘‘(1) IN GENERAL.—A recipient of assistance under the national service laws that fails, as determined by the Corpora- tion, to meet or e x ceed the performance levels agreed upon under subsection (k) for a national service program, shall reach an agreement with the Corporation on a corrective action plan to meet such performance levels. ‘‘(2) ASSISTANCE.— ‘‘(A) NE WP ROGRAM.—For a program that has received assistance under the national service laws for less than 3 years and for which the recipient is failing to meet or exceed the performance levels agreed upon under sub- section (k), the Corporation shall— ‘‘(i) provide technical assistance to the recipient to address targeted performance problems relating to the performance levels for the program; and
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 123STA T . 1 5 3 4PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9‘ ‘ (i i )requ ire th ere c i p ie n tt os u bm it qu a rter ly reports on the pro g ram ’ s progress to w ar d meeting the per f ormance le v els for the program to the — ‘‘( I ) appropriate S tate , territory, or Indian tribe and ‘‘(II) the C orporation . ‘‘( B ) ESTABLI S HEDPROG RA M S.— F or a program that has received assistance under the national service laws for 3 years or more and for which the recipient is failing tomeetore x ceed the performance levels agreed upon under subsection ( k ), the Corporation shall require the recipient to submit quarterly reports on the program’s progress toward the performance levels for the program to— ‘‘(i) the appropriate State, territory, or Indian tribe; and ‘‘(ii) the Corporation. ‘‘(m) FAIL U RE T O M EET P ER F ORMA NC E L E V ELS.—If, after a period for correction as approved by the Corporation in accordance with subsection (l), a recipient of assistance under the national service laws fails to meet or exceed the performance levels for a national service program, the Corporation shall— ‘‘( 1 ) reduce the annual amount of the assistance received by the underperforming recipient by at least 25 percent, for each remaining year of the grant period for that program; or ‘‘(2) terminate assistance to the underperforming recipient for that program, in accordance with section 1 76 (a). ‘‘(n) R EPORTS.—The Corporation shall submit to the authori z ing committees not later than 2 years after the date of enactment of the Serve A merica Act, and annually thereafter, a report con - taining information on the number of— ‘‘(1) recipients of assistance under the national service laws implementing corrective action plans under subsection (l)(1); ‘‘(2) recipients for which the Corporation provides technical assistance for a program under subsection (l)(2)(A)(i); ‘‘(3) recipients for which the Corporation terminates assist- ance for a program under subsection (m); ‘‘( 4 ) entities whose application for assistance under a national service law was re j ected; and ‘‘(5) recipients meeting or exceeding their performance levels under subsection (k).’’. SEC.1608 .C IV IC H E ALT H ASSESS M E N T. (a) IN G ENERAL.—Subtitle F of title I (42 U .S.C. 12631 et seq.), as amended by this subtitle, is further amended by inserting after section 17 9 the following

‘SEC. 1 79 A. CIVIC HEALTH ASSESSMENT AN D V O L U NTEE R IN G RESEARCH AND EVALUATION. ‘‘(a) D EFINITION OF PARTNERSHIP.—In this section, the term ‘partnership’ means the Corporation, acting in conjunction with (consistent with the terms of an agreement entered into between the Corporation and the N ational Conference) the National Con- ference on Citizenship referred to in section 15 0 701 of title 36, United States Code, to carry out this section. ‘‘(b) IN GENERAL.—The partnership shall facilitate the establish- ment of a Civic H ealth Assessment by— 42USC1 2 639a.


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 123STA T . 1 5 35 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9‘ ‘ (1)afterid e n tif y in gpubl i c and pri v ate so urces of civic h ealth data , selecting a set of civic health indicators, in accord - ance w ith subsection (c), that shall co m prise the C ivic H ealth A ssessment ‘‘( 2 ) obtaining civic health data relating to the Civic Health Assessment, in accordance with subsection (d); and ‘‘( 3 ) conducting related analyses, and reporting the data and analyses, as described in paragraphs ( 4 )and( 5 ) of sub- section (d) and subsections (e) and (f) . ‘‘(c) SEL E CTION O FI N D IC A TO RS FOR CI V IC HEALT H ASSESS- M ENT. — ‘‘(1) IDENTIF Y IN G SO U RCES.— T he partnership shall select a set of civic health indicators that shall comprise the Civic Health Assessment. In ma k ing such selection, the partner- ship— ‘‘(A) shall identify public and private sources of civic health data; ‘‘( B ) shall e x plore collaborating with other similar efforts to develop national indicators in the civic health domain; and ‘‘(C) may sponsor a panel of experts, such as one con- vened by the N ational Academy of Sciences, to recommend civic health indicators and data sources for the Civic Health Assessment. ‘‘(2) TECHNICAL ADVICE.—At the re q uest of the partnership, the D irector of the Bureau of the Census and the Commissioner of L abor Statistics shall provide technical advice to the partner- ship on the selection of the indicators for the Civic Health Assessment. ‘‘(3) UP DATES.—The partnership shall periodically evaluate and update the Civic Health Assessment, and may expand or modify the indicators described in subsection (d)(1) as nec- essary to carry out the purposes of this section. ‘‘(d) DATA ON THE INDICATORS.— ‘‘(1) SPONSORED DATA COLLECTION.—In identifying the civic health indicators for the Civic Health Assessment, and obtaining data for the Assessment, the partnership may sponsor the collection of data for the Assessment or for the various civic health indicators being considered for inclusion in the Assessment, including indicators related to— ‘‘(A) volunteering and community service; ‘‘(B) voting and other forms of political and civic engagement; ‘‘(C) charitable giving; ‘‘(D) connecting to civic groups and faith-based organi z ations; ‘‘( E ) interest in employment, and careers, in public service in the nonprofit sector or government; ‘‘( F ) understanding and obtaining knowledge of United States history and government; and ‘‘( G ) social enterprise and innovation. ‘‘(2) DATA FROM STATISTICAL AGENCIES.—The Director of the Bureau of the Census and the Commissioner of Labor Statistics shall collect annually, to the extent practicable, data to inform the Civic Health Assessment, and shall report data from such collection to the partnership. In determining the data to be collected, the Director and the Commissioner shall Reports.Evalu at i o n s.


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 123STA T . 1 5 3 6PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9examin e pr i v a cy i s s u es , resp o nse ra t es, an d ot h er re l evant issues .‘ ‘ (3)SOURCES O FDAT A. —T oo b tain data f or the C ivic H ealth A ssessment, the partnership shall consider— ‘‘(A) data collected throu g h public and private sources and ‘‘( B ) data collected by the Bureau of the Census, through the Current P opulation Survey, or by the Bureau of L abor Statistics, in accordance w ith paragraph ( 2 ). ‘‘( 4 ) D E M O G RA PHI C CHARACTERISTICS.—The partnership shall see k to obtain data for the Civic Health Assessment that will permit the partnership to analy z e the data by age group, race and ethnicity, education level, and other demo - graphic characteristics of the individuals involved. ‘‘( 5 ) O THER ISSUES.— I n obtaining data for the Civic Health Assessment, the partnership may also obtain such information as may be necessary to analyze— ‘‘(A) the role of Internet technology in strengthening and inhibiting civic activities; ‘‘(B) the role of specific programs in strengthening civic activities; ‘‘(C) the civic attitudes and activities of new citizens and immigrants; and ‘‘(D) other areas related to civic activities. ‘‘(e) R EPORTI N G OF DATA.— ‘‘( 1 ) IN GENERA L .—The partnership shall, not less often than once each year, prepare a report containing— ‘‘(A) detailed data obtained under subsection (d), including data on the indicators comprising the Civic Health Assessment; and ‘‘(B) the analyses described in paragraphs (4) and (5) of subsection (d), to the extent practicable based on the data the partnership is able to obtain. ‘‘(2) AGGREGATION AND PRESENTATION.—The partnership shall, to the extent practicable, aggregate the data on the civic health indicators comprising the Civic Health Assessment by community, by State, and nationally. The report described in paragraph (1) shall present the aggregated data in a form that enables communities and States to assess their civic health, as measured on each of the indicators comprising the Civic Health Assessment, and compare those measures with comparable measures of other communities and States. ‘‘(3) SU B MISSION.—The partnership shall submit the report to the authorizing committees, and make the report available to the general public on the Corporation ’ s website. ‘‘(f) PUBLIC INPUT.—The partnership shall— ‘‘(1) identify opportunities for public dialogue and input on the Civic Health Assessment; and ‘‘(2) hold conferences and forums to discuss the implications of the data and analyses reported under subsection (e). ‘‘(g) V OLUNTEERING RESEARCH AND EV ALUATION.— ‘‘(1) RESEARCH.—The partnership shall provide for baseline research and tracking of domestic and international volun- teering, and baseline research and tracking related to relevant data on the indicators described in subsection (d). In providing Public i nformat ion .We b p o s tin g .