text:
Page:United States Statutes at Large Volume 123.djvu/1557

 123STA T . 1 5 3 7PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9forthe re s e a r c ha nd trac ki n gu nder this su b section , the p art - nership sha l l consider data fro m the S upplements to the C ur- rent P opulations Sur v e y s conducted by the B ureau of the Census for the Bureau of L abor Statistics, and data from other public and private sources, including other data collected by the Bureau of the Census and the Bureau of Labor Statistics .‘ ‘ (2)IMPACTRES EARC H A ND E V A LU AT IO N. —T he partnership shall sponsor an independent evaluation of the impact of domestic and international volunteering, including an assess- ment of best practices for such volunteering, and methods of improving such volunteering through enhanced collaboration among— ‘‘( A ) entities that recruit, manage, support, and utili z e volunteers ‘‘(B) institutions of higher education; and ‘‘(C) research institutions. ‘‘(h) D ATA B ASE PROHIBITION.— N othing in this Act shall be con- strued to authorize the development, implementation, or mainte- nance of a F ederal database of personally identifiable information on individuals participating in data collection for sources of informa- tion under this section. ’ ’. SEC.1609 .C ONTI N G ENT E X TENSION. Section 18 1( 4 2 U .S.C. 12 6 41) is amended by striking ‘‘Section 414’’ and inserting ‘‘Section 422’’. SEC. 1610. PAR TNERS H IPS W ITH SCHOO L S. Section 182(b) (42 U.S.C. 12642(b)) is amended to read as follo w s ‘‘(b) R EPORT.— ‘‘(1) FEDERAL A G ENC Y SUBMISSION.—The head of each Fed- eral agency and department shall prepare and submit to the Corporation a report concerning the implementation of this section, including an evaluation of the agency or department’s performance on performance goals and benchmarks for each partnership program of the agency or department. ‘‘(2) REPORT TO CONGRESS.—The Corporation shall prepare and submit to the authorizing committees a compilation of the information received under paragraph (1).’’. SEC. 1611. RIGHTS O F ACCESS , EXA M INATION, AN D COP Y ING. Section 18 3 (42 U.S.C. 12643) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking ‘‘The’’ and inserting ‘‘Consistent with otherwise applicable law, the’’; and (B) in paragraph (1), by inserting ‘‘territory,’’ after ‘‘local government,’’; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking ‘‘The’’ and inserting ‘‘Consistent with otherwise applicable law, the’’; and (B) in paragraph (1), by inserting ‘‘territory’’ after ‘‘local government,’’; and (3) by adding at the end the following: ‘‘(c) INSPECTOR G ENERAL.—Consistent with otherwise applicable law, the Inspector General of the Corporation shall have access


text:
Page:United States Statutes at Large Volume 123.djvu/1558

 123STA T . 1 5 3 8PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9to,and t herig httoe x a m ine and c o py , any b oo ks , doc u ments, papers, records, and other recorded in f ormation in any form —‘ ‘ (1)w ithin the possession or contro l of the C orporation or any S tate or local go v ernment, territory, I ndian tribe, or public or private nonprofit organi z ation receiving assistance directly or indirectly under the national service laws and ‘‘( 2 ) that relates to— ‘‘( A ) such assistance; and ‘‘( B ) the duties of the Inspector G eneral under the Inspector General Act of 1 978 ( 5U. S.C. App.). ’ ’. SEC.16 1 2 . AD D IT I ON A L AD M INIST R ATI V E P ROVISIONS. Subtitle F oftitleI( 4 2 U.S.C. 12 63 1etse q .) is amended by adding at the end the following

‘SEC. 1 85 . CONSOLIDATED APPLICATION AND REPORTIN G RE QU IRE - MENTS. ‘‘(a) I N G E NE RAL .— T o promote efficiency and eliminate duplica - tive requirements, the Corporation shall consolidate or modify application procedures and reporting requirements for programs, pro j ects, and activities funded under the national service laws. ‘‘(b) R E PO R T TO CON G RE S S.— N ot later than 18 months after the effective date of the Serve America Act, the Corporation shall submit to the authorizing committees a report containing informa- tion on the actions taken to consolidate or modify the application procedures and reporting requirements for programs, projects, and activities funded under the national service laws, including a description of the procedures for consultation with recipients of the funding. ‘‘SEC. 186. SUSTAINA B ILIT Y . ‘‘The Corporation, after consultation with State Commissions and recipients of assistance, may set sustainability goals for projects or programs under the national service laws, so that recipients of assistance under the national service laws are carrying out sustainable projects or programs. Such sustainability goals shall be in writing and shall be used— ‘‘(1) to build the capacity of the projects or programs that receive assistance under the national service laws to meet community needs; ‘‘(2) in providing technical assistance to recipients of assist- ance under the national service laws regarding acquiring and leveraging non-Federal funds for support of the projects or programs that receive such assistance; and ‘‘(3) to determine whether the projects or programs, receiving such assistance, are generating sufficient community support. ‘‘SEC. 18 7 . GRANT PERIODS. ‘‘Unless otherwise specifically provided, the Corporation has authority to award a grant or contract, or enter into a cooperative agreement, under the national service laws for a period of 3 years. ‘‘SEC. 188. GENERATION O F VOLUNTEERS. ‘‘In making decisions on applications for assistance or approved national service positions under the national service laws, the Cor- poration shall take into consideration the extent to which the applicant’s proposal will increase the involvement of volunteers 42USC1 2 6 4 5b. 42 USC 12645 a . 42 USC 12645. 42 USC 12644b.

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 123.djvu/1559

 123STA T . 1 5 3 9PUBLIC LA W 111 – 13 — AP R .21 , 2 0 09 inme e t in gco mm u nit y nee ds.I n r e v ie w ing t h e ap p l ication f or this purpose , the C orporation may ta k e into account the mission of the applicant. ‘ ‘ SEC.189 . LIM I TA TI ON ON PR O G RAM GRANT COSTS. ‘ ‘ ( a )LIM I TA TI ON ON GR ANT A MO U NT S . —Ex cept as otherwise pro - vided b y this section, the amount of funds approved by the Corpora- tion for a grant to operate a program authori z ed under the national service laws, for supporting individuals serving in approved national service positions, may not exceed $18, 0 00 per full-time e q uivalent position. ‘‘(b) COSTS S U BJEC T TO LIMITATION.— T he limitation under sub- section (a), and the increased limitation under subsection (e)(1), shall apply to the Corporation ’ s share of the member support costs, staff costs, and other costs to operate a program authorized under the national service laws incurred, by the recipient of the grant. ‘‘(c) COSTS N OT SUBJECT TO LIMITATION.—The limitation under subsection (a), and the increased limitation under subsection (e)(1), shall not apply to expenses under a grant authorized under the national service laws to operate a program that are not included in the grant award for operating the program. ‘‘(d) A D JUSTMENTS F OR INF L ATION.—The amounts specified in subsections (a) and (e)(1) shall be ad j usted each year after 2 008 for inflation as measured by the Consumer P rice Index for All U rban Consumers published by the Secretary of Labor. ‘‘(e) W AI V ER AUT H ORIT Y AND R E P ORTIN G RE Q UIREMENT.— ‘‘(1) WAIVER.—The Chief Executive O fficer may increase the limitation under subsection (a) to not more than $1 9, 5 00 per full-time equivalent position if necessary to meet the compelling needs of a particular program, such as— ‘‘(A) exceptional training needs for a program serving disadvantaged youth ‘‘( B ) the need to pay for increased costs relating to the participation of individuals with disabilities; ‘‘(C) the needs of tribal programs or programs located in the territories; and ‘‘( D ) the need to pay for start-up costs associated with a first-time recipient of assistance under a program of the national service laws. ‘‘(2) REPORTS.—The Chief Executive Officer shall report to the authorizing committees annually on all limitations increased under this subsection, with an explanation of the compelling needs justifying such increases. ‘‘SEC. 189A. MATC H ING FU N D SFORSE V EREL Y ECONOMICALLY DIS - TRESSED COMMUNITIES. ‘‘(a) IN GENERAL.—Notwithstanding any other provision of law, a severely economically distressed community that receives assist- ance from the Corporation for any program under the national service laws shall not be subject to any requirements to provide matching funds for any such program, and the F ederal share of such assistance for such a community may be 100 percent. ‘‘(b) SEVERELY ECONOMICALLY DISTRESSED COMMUNITY.—For the purposes of this section, the term ‘severely economically dis- tressed community’ means— ‘‘(1) an area that has a mortgage foreclosure rate, home price decline, and unemployment rate all of which are above Defin i t i o n .42USC1 2 6 4 5d . Publ i ca tion. Ap plicabilit y . 42 USC 12645c.


text:
Page:United States Statutes at Large Volume 123.djvu/1560

 123STA T . 1 540PUBLIC LA W 111 – 13 — AP R .21 , 200 9thena t io na l a v e r a g e f or suc h rates or level , for the m ost recent 12 months for w hich satisfactor yd ata are availa b le or ‘ ‘ ( 2 ) a residential area that lac k s basic living necessities, such as water and sewer systems, electricity, p aved roads, and safe, sanitary housing .‘ ‘ SEC.189B . AUDIT SA N D R E PO RTS. ‘‘ T he C orporation shall comply with applicable audit and reporting re q uirements as provided in the Chief F inancial O fficers A ctof1 9 9 0 ( 3 1 U . S .C. 901 note; P ublic L aw 101 –576 ) and chapter 91 of title 31, United States Code (commonly known as the ‘ G overn - ment Corporation Control Act ’ ). The Corporation shall report to the authori z ing committees any failure to comply with such require- ments. ‘‘SEC. 189C. RESTRICTIONS ON F EDERA LG O V ERN M ENT AND USE OF FEDERAL FUNDS. ‘‘(a) G EN E RAL PR OHIB I T ION. —N othing in the national service laws shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s curriculum, program of instruc- tion, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act. ‘‘(b) PROHIBITION ON E N D OR S E M ENT O F C U RRI C ULUM.—Notwith- standing any other prohibition of Federal law, no funds provided to the Corporation under this Act may be used by the Corporation to endorse, approve, or sanction any curriculum designed to be used in an elementary school or secondary school. ‘‘(c) PROHIBITION ON R E Q UIRIN G FEDERAL A P PRO V AL OR CERTIFI- CATION STANDARDS.—Notwithstanding any other provision of Fed- eral law, not State shall be required to have academic content or student academic achievement standards approved or certified by the Federal Government, in order to receive assistance under this Act. ‘‘SEC. 189D. CRIMINAL H ISTOR Y CHEC K S. ‘‘(a) I N GENERAL.—Each entity selecting individuals to serve in a position in which the individuals receive a living allowance, stipend, national service educational award, or salary through a program receiving assistance under the national service laws, shall, sub j ect to regulations and requirements established by the Corpora- tion, conduct criminal history checks for such individuals. ‘‘(b) REQUIREMENTS.—A criminal history check under subsection (a) shall, e x cept in cases approved for good cause by the Corporation, include— ‘‘(1) a name-based search of the National Sex Offender Registry established under the Adam W alsh Child Protection and Safety Act of 2006 ( 4 2 U.S.C. 16901 et seq.); and ‘‘(2)(A) a search of the State criminal registry or repository in the State in which the program is operating and the State in which the individual resides at the time of application; or ‘‘( B ) submitting fingerprints to the Federal Bureau of Inves- tigation for a national criminal history background check. ‘‘(c) ELIGIBILIT Y PROHIBITION.—An individual shall be ineligible to serve in a position described under subsection (a) if such indi- vidual— 42USC1 2 6 4 5g. 42 USC 12645 f . 42 USC 12645 e .


text:
Page:United States Statutes at Large Volume 123.djvu/1561

 123STA T . 1 54 1 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9‘ ‘ (1)refus es toc o n sent to t h ecr im in al histor y chec kd escri b ed in subsection (b) ‘‘( 2 ) makes a false statement in connection w ith such criminal history check; ‘‘( 3 )isre g istered , orisre q uired to be registered, on a S tate se x offender registry or the N ational Sex O ffender R eg - istry established under the A dam W alsh C hild P rotection and Safety Act of 2 0 0 6 ( 4 2 U. S.C. 16 9 01 et seq.); or ‘‘(4) has been con v icted of murder, as described in section 1111 of title 1 8, United States Code. ’ ’. SEC.16 1 3 . AV A IL A B ILI TYOF ASSISTA N CE. (a) A MEND MEN T . — Subtitle F of title I is further amended by inserting after section 184 the following

‘SEC. 1 84 A. AVAILABILITY OF ASSISTANCE. ‘‘A reference in subtitle C, D , E ,or H of title I regarding an entity eligible to receive direct or indirect assistance to carry out a national service p rogram shall include a non-profit organi z a- tion promoting competitive and non-competitive sporting events involving individuals with disabilities (including the Special Olym- pics), which enhance the quality of life for individuals with disabil- ities.’’. SEC. 1614. C R I M INAL H ISTORY CHEC K SFORIN D IVID U ALS W ORKIN G WITH VULNERABLE P OPULATIONS. (a) AMENDMENT.—Section 189D, as added by section 1612, is further amended by adding at the end the following: ‘‘(d) S P E CIAL R U LE FOR INDI V IDUAL S WOR K IN G WIT HV ULNER- A B LE POPULATIONS.— ‘‘(1) IN GENERAL.—Notwithstanding subsection (b), on and after the date that is 2 years after the date of enactment of the Serve America Act, a criminal history check under sub- section (a) for each individual described in paragraph (2) shall, except for an entity described in paragraph (3), include— ‘‘(A) a name-based search of the National Sex Offender Registry established under the Adam Walsh Child Protec- tion and Safety Act of 2006 (42 U.S.C. 16901 et seq.); ‘‘( B ) a search of the State criminal registry or repository in the State in which the program is operating and the State in which the individual resides at the time of applica- tion; and ‘‘(C) submitting fingerprints to the Federal Bureau of Investigation for a national criminal history background check. ‘‘(2) INDIVIDUALS W ITH ACCESS TO VULNERABLE POPU- LATIONS.—An individual described in this paragraph is an indi- vidual age 18 or older who— ‘‘(A) serves in a position in which the individual receives a living allowance, stipend, national service edu- cational award, or salary through a program receiving assistance under the national service laws; and ‘‘(B) as a result of such individual’s service in such position, has or will have access, on a recurring basis, to— ‘‘(i) children age 1 7 years or younger; ‘‘(ii) individuals age 60 years or older; or ‘‘(iii) individuals with disabilities. Ef f ectiv e da te .42USC1 2 6 4 5g . 42 USC 12644a.


text: Dictionary of National Biography, 1885-1900/Montgomery, Robert (1680-1731)


text:
Page:United States Statutes at Large Volume 123.djvu/1562

 123STA T . 1 54 2 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9‘ ‘ (3)EXCEPTIONS.—Theprovis io n so ft his s ub se c tion sh al l not appl y to an entity— ‘‘( A ) w here the service provi d ed by individuals servin g with the entity to a vulnerable population described in paragraph ( 2 )( B ) is episodic in nature or for a 1- day period ‘‘(B) where the cost to the entity of co m plying with this subsection is prohibitive; ‘‘( C ) where the entity is not authori z ed , or is otherwise unable, under S tate law, to access the national criminal history bac k ground check system of the F ederal Bureau of I nvestigation; ‘‘( D ) where the entity is not authorized, or is otherwise unable, under Federal law, to access the national criminal history background check system of the Federal Bureau of Investigation; or ‘‘(E) to which the Corporation otherwise provides an e x emption from this subsection for good cause. ’ ’. (b) FE A SI B I L IT Y ST UD Y F O R A SYSTE M OF CRIMINAL H ISTORY C H EC K S FOR EMPLOYEES AND V OLUNTEERS.— (1) FEASIBILITY STUDY ON EFFICIENCY AND EFFECTI V ENESS RE G ARDING CRIMINAL HISTORY CHECK.—The Attorney G eneral of the U nited States shall conduct a study that shall examine, to the extent discernible and as of the date of the study, the following (A) The state of criminal history checks (including the use of fingerprint collection) at the State and local level, including— (i) the available infrastructure for conducting criminal history checks; (ii) the State system capacities to conduct such criminal history checks; and (iii) the time re q uired for each State to process an individual’s fingerprints for a national criminal his- tory background check through the Federal Bureau of Investigation, from the time of fingerprint collection to the submission to the Federal Bureau of Investiga- tion. (B) The likelihood that each State would participate in a nationwide system of criminal history checks to provide information regarding participants to entities receiving assistance under the national service laws. (C) The number of participants that would require a fingerprint-based national criminal history background check under the national service laws. (D) The impact of the national service laws on the Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation in terms of capacity and impact on other users of the system, including the effect on the work practices and staffing levels of the Fed- eral Bureau of Investigation. (E) The fees charged by the Federal Bureau of Inves- tigation, States, local agencies, and private companies to collect and process fingerprints and conduct criminal his- tory checks. (F) The existence of model or best practice programs regarding conducting criminal history checks that could easily be expanded and duplicated in other States.


text:
Page:United States Statutes at Large Volume 123.djvu/1563

 123STA T . 1 54 3 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9(G)The e xt e n tt ow h ic h pr i va te co m panie s are c u r - rent ly per f ormin g criminal history chec k s , an d the possi- b ility of using private companies in the future to perform any of the criminal history check process, including the collection and transmission of fingerprints and fitness determinations . ( H ) The cost of development and operation of the tech- nology and the infrastructure necessary to establish a nationwide fingerprint-based and other criminal back- ground check system. ( I ) The extent of S tate participation in the procedures for background checks under the N ational C hild P rotection A ct of 19 9 3 ( 42U .S.C. 5 119 et se q .). ( J ) The extent to which States provide access to nation- wide criminal history checks to organi z ations that serve children. ( K ) The extent to which States permit volunteers and other individuals to appeal adverse fitness determinations, and whether similar procedures are required at the F ederal level. ( L ) Any privacy concerns that may arise from nation- wide criminal background checks for participants. ( M ) Any other information determined relevant by the Attorney General. (2) I NTERIM RE PO RT. —B ased on the findings of the study under paragraph (1), the Attorney General shall, not later than 6 months after the date of the enactment of this Act, submit to the appropriate committees of Congress an interim report, which may include recommendations regarding criminal history checks for individuals that seek to volunteer with organizations that work with children, the elderly, or individ- uals with disabilities. (3) FIN AL REPORT.—Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit to the Committee on the Judiciary and the Committee on Health, E ducation, Labor, and Pensions of the Senate and to the Committee on the Judiciary and the Committee on Education and Labor of the House of R epresentatives, a final report including recommendations regarding criminal history checks for participants under the national service laws, which may include— (A) a proposal for grants to States to develop or improve programs to collect fingerprints and perform criminal his- tory checks for individuals that seek to volunteer with organizations that work with children, the elderly, or individuals with disabilities and (B) recommendations for amendments to the National Child Protection Act of 1993 and the V olunteers for Chil- dren Act so that entities receiving assistance under the national service laws can promptly and affordably conduct nationwide criminal history background checks on their employees and volunteers. (4) D E F INITION S .—In this subsection, the terms ‘ ‘author- izing committees ’ ’, ‘‘participants’’, and ‘‘national service laws’’ have the meanings given such terms in section 1 0 1 of the National and Community Service Act of 1990 (42 U.S.C. 12511).


text:
Page:United States Statutes at Large Volume 123.djvu/1564

 123STA T . 1 54 4 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9(c)EF F ECTIV E DA TE .—Notwi t hs t and in g s e ction 610 1, s ub section (b) sha l lta k ee f fect on the date of enact m ent of this A ct. Subti t leG—Am e nd ment s t o Subtitle G (C o rp or a tion f or N ational and Commu - nit y Ser v i c e )SEC.170 1. T E RM S OF OFF I CE. S ection 1 92 ( 4 2 U .S. C . 126 5 1a) is amended— (1) b y st r iking subsection (c) and inserting the following

‘(c) T E RMS .—Sub j ect to subsection (e), each a p pointed member shall ser v eforatermof5years. ’ ’ and (2) by adding at the end the following: ‘‘(e) SERVICE U N TI L A P P O INTMENT OF S U CCESSOR.—A voting member of the B oard whose term has e x pired may continue to serve on the Board until the date on which the member’s successor takes office, which period shall not exceed 1 year.’’. SEC. 170 2 . B O A R D OF DIRECTORS A U T H ORITIES A N D DUTIES. Section 192A(g) (42 U.S.C. 12651b(g)) is amended— (1) in the matter preceding paragraph (1), by striking ‘‘shall—’’ and inserting ‘‘shall have responsibility for setting overall policy for the Corporation and shall—’’; (2) in paragraph (1), by inserting before the semicolon at the end the following: ‘‘, and review the budget proposal in advance of submission to the O ffice of M anagement and Budget’’; ( 3 ) in paragraph (5)— (A) in subparagraph (A), by striking ‘‘and’’ at the end; (B) in subparagraph (B), by inserting ‘‘and’’ after the semicolon; and (C) by adding at the end the following: ‘‘(C) review the performance of the Chief Executive Officer annually and forward a report on that review to the P resident;’’; (4) in paragraph ( 8 ), by striking ‘‘the Congress’’ each place it appears and inserting ‘‘the authori z ing committees’’; (5) by striking paragraph (10) and inserting the following: ‘‘(10) notwithstanding any other provision of law— ‘‘(A) make grants to or contracts with F ederal and other public departments or agencies, and private nonprofit organizations, for the assignment or referral of volunteers under the provisions of title I of the Domestic V olunteer Service Act of 19 7 3 (42 U.S.C. 4950 et se q .) (except as provided in section 108 of such Act), which may provide that the agency or organization shall pay all or a part of the costs of the program; and ‘‘(B) enter into agreements with other Federal agencies or private nonprofit organizations for the support of pro - grams under the national service laws, which— ‘‘(i) may provide that the agency or organization shall pay all or a part of the costs of the program, except as is provided in section 121(b); and ‘‘(ii) shall provide that the program (including any program operated by another Federal agency) will comply with all requirements related to evaluation,


text:
Page:United States Statutes at Large Volume 123.djvu/1565

 123STA T . 1 54 5 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9perfo r manc e , an d o th er g oa ls appl i ca b le to similar pro - grams u nder the national ser v ice la w s, as determined b y the C orporation, ’ ’ and (6) in paragraph ( 1 1) — ( A ) by stri k ing ‘ ‘Congress’’ each place it appears and inserting ‘‘authori z ing committees’’; ( B ) by striking ‘‘section 1 93 A(b)(1 0 )’’ and inserting ‘‘sec- tion 193A(b)(11)’’; and (C) by striking ‘‘ S eptember 30, 199 5 ’’ and inserting ‘‘ J anuary 1, 2 012’’ .SEC.1703 .C HI E F E X EC UT I V E O FFICE R CO MP E N S A TION. Section 193(b) ( 4 2 U .S.C. 12651c(b)) is amended by striking the period and inserting ‘‘, plus 3 percent.’’. SEC. 170 4 . AUTHORITIES AN D DUTIES OF THE CHIEF EXECUTIVE OFFICER. Section 193A (42 U.S.C. 12651d) is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking ‘‘shall—’’ and inserting ‘‘, in collaboration with the State Commissions, shall—’’; (B) in paragraph (1), by inserting after ‘‘a strategic plan’’ the following ‘‘, including a plan for having 50 per- cent of all approved national service positions be full-time positions by 2012,’’; (C) in paragraph (2)(B), by inserting ‘‘, approved summer of service positions, and approved silver scholar positions’’ after ‘‘approved national service positions’’; ( D ) by redesignating paragraphs ( 7 ) through (11) as paragraphs ( 8 ) through (12), respectively; ( E ) by inserting after paragraph (6) the following: ‘‘(7) prepare and submit to the authorizing committees and the Board an annual report on actions taken to achieve the goal of having 50 percent of all approved national service positions be full-time positions by 2012 as described in para- graph (1), including an assessment of the progress made toward achieving that goal and the actions to be taken in the coming year toward achieving that goal;’’; ( F ) in the matter preceding subparagraph (A) of para- graph (10) (as so redesignated), by striking ‘‘appropriate committees of Congress’’ and inserting ‘‘authorizing committees’’; ( G ) in paragraph (11) (as so redesignated)— (i) in the matter preceding subparagraph (A), by striking ‘‘by June 30, 1995,’’ and inserting ‘‘periodi- cally,’’; (ii) in subparagraph (A)(i)— ( I ) by striking ‘‘described in section 122(c)(1)’’; and (II) by striking ‘‘national priorities designed to meet the’’ and inserting ‘‘national priorities, as described in section 122(f)(1), designed to meet’’; and (iii) in subparagraph (B), by striking ‘‘and’’ after a semicolon; ( H ) in paragraph (12) (as so redesignated), by striking the period at the end and inserting a semicolon; and


text:
Page:United States Statutes at Large Volume 123.djvu/1566

 123STA T . 1 546PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9(I)byad d ing a t t he end the fol lo w ing

‘( 13 ) bol s te r the pu bli c awareness of and recruit m ent efforts for the wide range of ser v ice opportunities for citi z ens of all ages , regardless of socioeconomic status or geographic location, through a variety of methods, including — ‘‘( A ) print media ‘‘( B ) the Internet and related emerging technologies; ‘‘( C ) television; ‘‘( D ) radio; ‘‘( E ) presentations at public or private forums; ‘‘( F ) other innovative methods of communication; and ‘‘( G ) outreach to offices of economic development, S tate employment security agencies, labor organizations and trade associations, local educational agencies, institutions of higher education, agencies and organizations serving veterans and individuals with disabilities, and other institutions or organizations from which participants for programs receiving assistance from the national service laws can be recruited; ‘‘(1 4 ) identify and implement methods of recruitment to— ‘‘(A) increase the diversity of participants in the pro - grams receiving assistance under the national service laws; and ‘‘(B) increase the diversity of service sponsors of pro- grams desiring to receive assistance under the national service laws; ‘‘(1 5 ) coordinate with organizations of former participants of national service programs for service opportunities that may include capacity building, outreach, and recruitment for pro- grams receiving assistance under the national service laws; ‘‘(1 6 ) collaborate with organizations with demonstrated e x pertise in supporting and accommodating individuals with disabilities, including institutions of higher education, to iden- tify and implement methods of recruitment to increase the number of participants who are individuals with disabilities in the programs receiving assistance under the national service laws; ‘‘(1 7 ) identify and implement recruitment strategies and training programs for bilingual volunteers in the N ational Senior Service Corps under title II of the Domestic V olunteer Service Act of 1 9 73; ‘‘(1 8 ) collaborate with organizations that have established volunteer recruitment programs to increase the recruitment capacity of the Corporation; ‘‘(19) where practicable, provide application materials in languages other than English for individuals with limited English proficiency who wish to participate in a national service program; ‘‘( 20 ) collaborate with the training and technical assistance programs described in subtitle J with respect to the activities described in section 199N(b)); ‘‘(21) coordinate the clearinghouses described in section 198 O ‘‘(22) coordinate with entities receiving funds under subtitle C in establishing the National Service R eserve Corps under section 198 H, through which alumni of the national service


text:
Page:United States Statutes at Large Volume 123.djvu/1567

 123STA T . 1 547PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9prog r ams a ndvet erans c an serve i n disasters and emergencies ( ass u c h terms are de f ined in section 198H (a ) ) ‘( 23 ) identif y and imp l ement strategies to increase a w are - ness among I ndian tri b es of the types and availability of assist- ance under the national service laws , increase N ative A merican participation in programs under the national service laws, col- lect information on challenges facing Native American commu- nities, and designate a S trategic Advisor for Native American Affairs to be responsible for the e x ecution of those activities under the national service laws; ‘‘(2 4 ) conduct outreach to ensure the inclusion of economi- cally disadvantaged individuals in national service programs and activities authori z ed under the national service laws; and ‘‘(2 5 ) ensure that outreach, awareness, and recruitment efforts are consistent with the Americans with D isabilities Act of 199 0 (42 U. S. C . 12101 et se q .) and section 504 of the R ehabilitation Act of 19 7 3 (29 U.S.C. 794). ’ ’; (2) in subsection (c) — (A) in paragraph (9)— (i) by stri k ing ‘‘Congress’’ each place the term occurs and inserting ‘‘the authorizing committees’’; and (ii) by striking ‘‘and’’ at the end; ( B ) by redesignating paragraph (10) as paragraph (11); and (C) by inserting after paragraph (9) the following ‘‘(10) obtain the opinions of peer reviewers in evaluating applications to the Corporation for assistance under this title; and’’; (3) in subsection (f)(2)(B), by striking ‘‘date specified in subsection (b)(10)’’ and inserting ‘‘the first date that a report is submitted under subsection (b)(11) after the effective date of the Serve America Act’’; and (4) by adding at the end the following: ‘‘(h) A UTHORI T YT OCO N TR AC T W ITH BU S IN E SSES.—The Chief E xecutive O fficer may, through contracts or cooperative agreements, carry out the marketing duties described in subsection (b)(13), with priority given to those entities that have established expertise in the recruitment of disadvantaged youth, members of Indian tribes, and older adults. ‘‘(i) CA MP AI G NTOSO L ICIT F UN D S.—The Chief Executive Officer may conduct a campaign to solicit funds to conduct outreach and recruitment campaigns to recruit a diverse population of service sponsors of, and participants in, programs and pro j ects receiving assistance under the national service laws.’’. SEC.1705 .C HI E F FI NA NCIA LO FFICE R S T AT U S. Section 194(c) (42 U.S.C. 12 6 51e(c)) is amended— (1) by striking paragraphs (1) and (2) and inserting the following: ‘‘(1) IN GENERAL.—There shall be in the Corporation a Chief Financial Officer, who shall be appointed by the Chief Executive Officer pursuant to subsections (a) and (b) of section 195.’’; and (2) by redesignating paragraph (3) as paragraph (2). SEC. 170 6 . NON V OTIN GM EM B ERS ERSONAL SERVICES CONTRACTS. Section 195 (42 U.S.C. 12651f) is amended— (1) in subsection (c)— Ap p ointme nt .
 * P


text:
Page:United States Statutes at Large Volume 123.djvu/1568

 123STA T . 1 548PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9(A)inpar a g rap h ( 2 )( B ) ,by in se r t ing a f ter ‘ ‘s u b d i v isi o n ofa S tate, ’ ’ thefo l lo w ing ‘‘territory,’’ and (B) in paragraph ( 3 ) — (i) in the heading, by stri k ing ‘‘ MEMB E R ’’ and inserting ‘‘ NONV O TI N G MEMBER’’; and (ii) by inserting ‘‘nonvoting’’ before ‘‘ m ember’’; and (2) by adding at the end the following new subse c tion: ‘‘(g) P ER S ON AL SERVI C ES C ONTRACTS . — T he Corporation may enter into personal services contracts to carry out research, evalua - tion, and public awareness related to the national service laws.’’. SEC.170 7. DONAT ED SE RVI CES. Section 196 (a) ( 4 2 U .S.C. 126 5 1g(a)) is amended— (1) in paragraph (1)— (A) by striking subparagraph (A) and inserting the following: ‘‘(A) O RGANI Z ATIONS AN D INDIVID U ALS.—Notwith- standing section 1342 of title 31, United States Code, the Corporation may solicit and accept the services of organi z a- tions and individuals (other than participants) to assist the Corporation in carrying out the duties of the Corpora- tion under the national service laws, and may provide to such individuals the travel e x penses described in section 192A(d).’’; (B) in subparagraph (B)— (i) in the matter preceding clause (i), by striking ‘‘Such a volunteer’’ and inserting ‘‘A person who pro- vides assistance, either individually or as a member of an organization, in accordance with subparagraph (A)’’; (ii) in clause (i), by striking ‘‘a volunteer under this subtitle’’ and inserting ‘‘such a person’’; (iii) in clause (ii), by striking ‘‘volunteers under this subtitle’’ and inserting ‘‘such persons’’; and (iv) in clause (iii), by striking ‘‘such a volunteer’’ and inserting ‘‘such a person’’; and (C) in subparagraph (C)(i), by striking ‘‘Such a volun- teer’’ and inserting ‘‘Such a person’’; and (2) by striking paragraph (3). SEC. 170 8 . ASSI G N M ENT TO STATE COMMISSIONS. Subtitle G of title I (42 U.S.C. 12651 et se q .) is further amended by adding at the end the following: ‘ ‘SEC. 1 96B . ASSIGNMENT TO STATE COMMISSIONS. ‘‘(a) ASSIGNMENT.—In accordance with section 193A(c)(1), the Chief E xecutive Officer may assign to State Commissions specific programmatic functions upon a determination that such an assign- ment will increase efficiency in the operation or oversight of a program under the national service laws. In carrying out this sec- tion, and before executing any assignment of authority, the Corpora- tion shall seek input from and consult Corporation employees, State Commissions, State educational agencies, and other interested stakeholders. ‘‘(b) R E P ORT.—Not later than 2 years after the effective date of the Serve America Act, the Corporation shall submit a report to the authorizing committees describing the consultation process described in subsection (a), including the stakeholders consulted, Consulta t i on .42US C 1 2 65 1 j.


text:
Page:United States Statutes at Large Volume 123.djvu/1569

 123STA T . 1 549PUBLIC LA W 111 – 13 — AP R .21 , 2 0 09 ther e com me nda t i ono fs ta k eho l ders , and an y actions taken b y the C or p oration u nder this section .’ ’. SEC.1709 .S TUDYOFINV O L VE M ENT OF VETE RA NS. S ubtitle G of title I(42U .S.C. 1 2 65 1etse q . ) is further amended by addin g at the end the follo w ing

‘SEC. 19 6 C. STUDY OF INVOLVEMENT OF VETERANS. ‘ ‘(a) S TUDYAN D REPOR T. —T he Corporation shall conduct a study and submit a report to the authori z ing committees, not later than 3 years after the effecti v e date of the Serve A merica Act, on— ‘‘(1) the number of veterans serving in national service programs historically by year ‘‘(2) strategies being undertaken to identify the specific areas of need of veterans, including any goals set by the Cor - poration for veterans participating in the service programs; ‘‘(3) the impact of the strategies described in paragraph (2) and the V eterans Corps on enabling greater participation by veterans in the national service programs carried out under the national service laws; ‘‘(4) how e x isting programs and activities carried out under the national service laws could be improved to serve veterans, veterans service organizations, families of active-duty military, including gaps in services to veterans; ‘‘(5) the extent to which existing programs and activities carried out under the national service laws are coordinated and recommendations to improve such coordination including the methods for ensuring the efficient financial organization of services directed towards veterans; and ‘‘(6) how to improve utilization of veterans as resources and volunteers. ‘‘(b) CON S U L TAT I ON.—In conducting the studies and preparing the reports required under this subsection, the Corporation shall consult with veterans’ service organizations, the Secretary of Vet- erans Affairs, State veterans agencies, the Secretary of D efense, as appropriate, and other individuals and entities the Corporation considers appropriate.’’. SEC. 1710. STUDY TO E X AMINE AND INCREASE SERVICE P RO G RAMS FOR DISPLACED W OR K ERS IN SERVICES CORPS AND COMMUNITY SERVICE AND TO DEVELOP PILOT PROGRAM PLANNING STUDY. (a) P LANNIN G STUDY.—The Corporation shall conduct a study to identify— (1) specific areas of need for displaced workers; (2) how existing programs and activities (as of the time of the study) carried out under the national service laws could better serve displaced workers and communities that have been adversely affected by plant closings and j ob losses; (3) prospects for better utilization of displaced workers as resources and volunteers; and (4) methods for ensuring the efficient financial organization of services directed towards displaced workers. (b) CONSULTATION.—The study shall be carried out in consulta- tion with the Secretary of L abor, State labor agencies, and other individuals and entities the Corporation considers appropriate. 42USC1 2 65 1 note. 42 USC 12651 k .


text:
Page:United States Statutes at Large Volume 123.djvu/1570

 123STA T . 1 5 5 0PUBLIC LA W 111 – 13 — AP R .21 , 200 9(c)REPORT.—Notla t er t h a n1y ear a f ter the effect iv e d ate of thi sA ct , the C or p oration shall s ubm it to the authori z in g commit - tees a report on the results of the planning study re q uired by subsection (a), together w ith a plan for implementation of a pilot program using promising strategies and approaches for better tar- geting and serving displaced wor k ers. (d) PIL OT PRO G R AM .— F rom amounts made available to carry out this section, the Corporation shall develop and carry out a pilot program based on the findings and plan in the report sub- mitted under subsection (c). (e) D E F I N ITION S .— I n this section, the terms ‘ ‘Corporation ’ ’, ‘‘authorizing committees’’, and ‘‘national service laws’’ have the meanings given the terms in section 1 0 1 of the National and Community S ervice Act of 1 9 90( 42U .S.C. 12 5 11). (f) A U T H ORI Z ATION OF APPROPRIATIONS.— T here are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2010 through 2014. SEC.17 11. S TUDY T O E VAL UATE T H EE F FECT I VE N ESSOFA G ENCY COO R DINATION. (a) STU DY .—In order to reduce administrative burdens and lower costs for national service programs carried out under the national service laws, the Corporation shall conduct a study to determine the feasibility and effectiveness of implementing a data matching system under which the statements of an individual declaring that such individual is in compliance with the require- ments of section 14 6 (a)( 3 ) of the National and Community Service Act of 1990 (42 U.S.C. 12602(a)(3)) shall be verified by the Corpora- tion by comparing information provided by the individual with information relevant to such a declaration in the possession of other Federal agencies. Such study shall— (1) review the feasibility of— (A) e x panding, and participating in, the data matching conducted by the Department of E ducation with the Social Security Administration and the Department of H omeland Security, pursuant to section 4 8 4(g) of the Higher Edu- cation Act of 1965 (20 U.S.C. 1091(g)) or ( B ) establishing a comparable system of data matching with the Social Security Administration and the Depart- ment of Homeland Security; and (2) identify— (A) the costs, for both the Corporation and the other Federal agencies identified in paragraph (1), associated with expanding or establishing such a system of data matching; (B) the benefits or detriments of such an expanded or comparable system both for the Corporation and for the other Federal agencies so identified; (C) strategies for ensuring the privacy and security of participant information that is shared between Federal agencies and organizations receiving assistance under the national service laws; (D) the information that needs to be shared in order to fulfill the eligibility requirements of section 146(a)(3) of the National and Community Service Act of 1990 (42 U.S.C. 12602(a)(3)); 42USC1 2 60 2 note.


text:
Page:United States Statutes at Large Volume 123.djvu/1571

 123STA T . 1 5 51 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9(E)an a lter nat iv e sy ste m t h r oug h w hi c hanin d ivid - ual ’ s com p liance with section 146 (a)( 3 )o f such A ct may b e verified , should such an e x panded or comparable system fail to verify the individual’s declaration of compliance and ( F ) recommendations for implementation of such an expanded or comparable system . (b) CONSULTA T I ON. —T he Corporation shall carry out the study in consultation with the S ecretary of Education, the Commissioner of the Social Security Administration, the Secretary of H omeland Security, and other Federal agencies, entities, and individuals that the Corporation considers appropriate. (c) REP O R T.— N ot later than 9 months after the effective date of this Act, the Corporation shall submit to the authori z ing commit- tees a report on the results of the study re q uired by subsection (a) and a plan for implementation of a pilot data matching program using promising strategies and approaches identified in such study, if the Corporation determines such program to be feasible. (d) P ILOT PRO G RA M .—From amounts made available to carry out this section, the Corporation may develop and carry out a pilot data matching program based on the report submitted under subsection (c). (e) D E F INITIONS.— I n this section, the terms ‘ ‘Corporation’’, ‘‘authorizing committees’’, and ‘‘national service laws’’ have the meanings given the terms in section 1 0 1 of the National and Community Service Act of 1990 (4 2U .S.C. 12 5 11). SEC.17 1 2 .S TUDYOFPR O G R AM EFFECT IV E N ESS. (a) IN G ENERAL.—Not later than 12 months after the date of enactment of this Act, the Comptroller General of the United States shall develop performance measures for each program receiving Federal assistance under the national service laws. (b) CONTENTS.—The performance measures developed under subsection (a) shall— (1) to the maximum extent practicable draw on research- based, quantitative data; (2) ta k e into account program purpose and program design; (3) include criteria to evaluate the cost effectiveness of programs receiving assistance under the national service laws; (4) include criteria to evaluate the administration and management of programs receiving Federal assistance under the national service laws; and (5) include criteria to evaluate oversight and accountability of recipients of assistance through such programs under the national service laws. (c) REPORT.—Not later than 2 years after the development of the performance measures under subsection (a), and every 5 years thereafter, the Comptroller General of the United States shall prepare and submit to the authorizing committees and the Corporation’s B oard of Directors a report containing an assessment of each such program with respect to the performance measures developed under subsection (a). (d) DEFINITIONS.—In this section (1) IN GENERAL.—The terms ‘‘authorizing committees’’, ‘‘Corporation’’, and ‘‘national service laws’’ have the meanings given the terms in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511). Deadlin e .P e rfo r m an c e mea su res. 42USC1 2 5 1 3.


text:
Page:United States Statutes at Large Volume 123.djvu/1572

 123STA T . 1 5 52 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9(2)PROG R AM.—Thet e rm‘ ‘ p r og r a m ’ ’ mea ns an ent i re pro - gram c arrie d o u t by the C orporation under the nationa l ser v ice la w s , such as the entire A meriCorps program carried out under subtitle C. SEC.17 1 3 . VOLUNT EE RMA NA G EMENT COR P S STU DY . (a) FIND ING S .—Congress f inds the following ( 1 ) M any managers see k opportunities to give back to their communities and address the N ation’s challenges. (2) Managers possess business and technical skills that make them especially suited to help nonprofit organi z ations and S tate and local governments create efficiencies and cost savings and develop programs to serve communities in need. ( 3 ) There are currently a large number of businesses and firms who are seeking to identify savings through sabbatical opportunities for senior employees. (b) S TU D Y AND P L AN.—Not later than 6 months after the date of enactment of this Act, the Corporation shall— (1) conduct a study on how best to establish and implement a V olunteer Management Corps program and (2) submit a plan regarding the establishment of such program to Congress and to the President. (c) CONSULTATION.— I n carrying out the study described in sub- section (b)(1), the Corporation may consult with e x perts in the private and nonprofit sectors. (d) EF F EC TI V E D ATE.—Notwithstanding section 61 0 1, this sec- tion shall take effect on the date of enactment of this Act. Subti t leH—Am e nd ment s t o Subtitle H (I n v estment f o rQ u a lit y and Innovation ) SEC. 1 80 1. TEC H N I CAL AMENDMENT TO SU B TITLE H. Subtitle H oftitleI( 4 2 U .S.C. 126 5 3etse q .) is amended by inserting after the subtitle heading and before section 1 98 the following: ‘ ‘ PARTI— A D DITI ON A LC ORPORATION ACTI V ITI ES TOS U PPORT NATIONAL SERVICE ’ ’ . SEC. 180 2 . ADDITIONAL CORPORATION ACTIVITIES TO SUPPORT NATIONAL SERVICE. (a) TEC H NICAL AMENDMENTS.—Section 198 (42 U.S.C. 12653) is amended— (1) in subsection (a), by striking ‘‘subsection (r)’’ and inserting ‘‘subsection (g)’’; (2) in the matter preceding paragraph (1) of subsection (b), by striking ‘‘to improve the quality’’ and all that follows through ‘‘including—’’ and inserting ‘‘to address emergent needs through summer programs and other activities, and to support service-learning programs and national service programs, including—’’; (3) by striking subsections (c), (d), (e), (f), (h), (i), ( j ), (l), (m), and (p) and redesignating subsections (g), (k), (n), (o), (q), (r), and (s) as subsections (c), (d), (e), (f), (g), (h), and (i), respectively. Deadlin e .


text:
Page:United States Statutes at Large Volume 123.djvu/1573

 123STA T . 1 5 53 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9(b)GLOBA L Y O UTHSERVIC E D A YS.— S ection198 ( 42U .S. C . 12 653 ) ,as a m en d edins u bsection (a), is f u r t h er amended— (1) in subsection ( g ) (as redesignated b y subsection (a)(3))— ( A ) in the subsection heading, by stri k ing ‘ ‘ N ATIO N AL ’ ’ and inserting ‘‘GLOBAL’’ ( B ) by striking ‘‘Nationa l Youth’’ each p lace it appears and inserting ‘‘Global Youth’’; (C) in paragraph (1)— (i) by striking the first sentence and inserting ‘‘April 24, 2 0 09, and April 23, 2010, are each designated as ‘Global Youth Ser v ice Days’.’’; and (ii) in the second sentence, by striking ‘‘appropriate ceremonies and activities’’ and inserting ‘‘appropriate youth - led community improvement and service- learning activities’’; (D) in paragraph (2)— (i) by inserting ‘‘and other F ederal departments and agencies’’ after ‘‘Corporation’’; and (ii) by striking ‘‘ceremonies and activities’’ and inserting ‘‘youth-led community improvement and service-learning activities’’; and ( E ) in paragraph (3), by inserting ‘‘and other Federal departments and agencies’’ after ‘‘Corporation’’. (c) CALL TO SERVICE CA MP AI G NAN D SEPTEMBER 11TH DAY O F SERVICE.—Section 198 (42 U.S.C. 12653), as amended by sub- section (a), is further amended by adding at the end the follo w ing ‘‘( j ) CALL TO SERVICE CAMPAIGN.—Not later than 180 days after the date of enactment of the Serve America Act, the Corpora- tion shall conduct a nationwide ‘Call T o Service’ campaign, to encourage all people of the United States, regardless of age, race, ethnicity, religion, or economic status, to engage in full- or part- time national service, long- or short-term public service in the nonprofit sector or government, or volunteering. I n conducting the campaign, the Corporation may collaborate with other Federal agen- cies and entities, State Commissions, Governors, nonprofit and faith-based organi z ations, businesses, institutions of higher edu- cation, elementary schools, and secondary schools. ‘‘(k) SEPTEMBER 11TH DAY OF SERVICE.— ‘‘(1) FEDERAL ACTIVITIES.—The Corporation may organize and carry out appropriate ceremonies and activities, which may include activities that are part of the broader Call to Service Campaign under subsection (j), in order to observe the September 11th National Day of Service and R emembrance at the Federal level. ‘‘(2) ACTIVITIES.—The Corporation may make grants and provide other support to community-based organizations to assist in planning and carrying out appropriate service, charity, and remembrance opportunities in conjunction with the Sep- tember 11th National Day of Service and Remembrance. ‘‘(3) CONSULTATION.—The Corporation may consult with and make grants or provide other forms of support to nonprofit organizations with e x pertise in representing families of victims of the September 11, 2001 terrorist attacks and other impacted constituencies, and in promoting the establishment of Sep- tember 11 as an annually recognized National Day of Service and Remembrance.’’. Deadlin e .


text:
Page:United States Statutes at Large Volume 123.djvu/1574

 123STA T . 1 5 5 4PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9SEC.1803 . R E P E AL S. (a)REP E ALS.—Thefol lo wingpr o v i s ions are repeale d: ( 1 ) C LEA RINGHOU SES.— S e ct ion 1 98A ( 42U .S.C. 12 653 a). (2) M ILI T AR Y INSTALLATION C ON V ERSION D E M ONSTRATION PROGRAMS.—Section 198C (42 U.S.C. 12653c). (3) SPECIAL DEMONSTRATION PRO J ECT.—Section 198 D (42 U.S.C. 12653d). ( b ) REDESIGNATION.—Section 198 B (42 U.S.C. 12653b) is redesignated as section 198A. SEC. 180 4 . PRES ID E NT IAL A W ARDS. Section 198A(a)(2) (as redesignated b y section 18 0 3(b)) (42 U.S.C. 12653b(a)(2)) is f u rther a m ended by stri k ing ‘ ‘section 101(19) ’ ’ and inserting ‘‘section 101’’. SEC. 180 5 . NEW F ELL O WS H IPS. P art I of subtitle H of title I (42 U.S.C. 12653 et se q .) is further amended by adding at the end the following new sections: ‘ ‘SEC. 1 9 8 B . SER V EA M ERICA FELLOWSHIPS. ‘‘(a) DE F INITIONS.—In this section: ‘‘(1) AREA OF NATIONAL NEED.—The term ‘area of national need’ means an area involved in efforts to— ‘‘(A) improve education in schools for economically dis - advantaged students ‘‘(B) e x pand and improve access to health care; ‘‘(C) improve energy efficiency and conserve natural resources; ‘‘(D) improve economic opportunities for economically disadvantaged individuals; or ‘‘( E ) improve disaster preparedness and response. ‘‘(2) ELIGI B LE FELLO W SHIP RECIPIENT.—The term ‘eligible fellowship recipient’ means an individual who is selected by a State Commission under subsection (c) and , as a result of such selection, is eligible for a ServeAmerica F ellowship. ‘‘(3) FELLOW.—The term ‘fellow’ means an eligible fellow- ship recipient who is awarded a ServeAmerica Fellowship and is designated a fellow under subsection (e)(2). ‘‘(4) SMALL SERVICE SPONSOR ORGANI Z ATION.—The term ‘small service sponsor organi z ation’ means a service sponsor organization described in subsection (d)(1) that has not more than 10 full-time employees and 10 part-time employees. ‘‘(b) G RANTS.— ‘‘(1) IN GENERAL.—From the amounts appropriated under section 501(a)(4)(B) and allotted under paragraph (2)(A), the Corporation shall make grants (including financial assistance and a corresponding allotment of approved national service positions), to the State Commission of each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico with an application approved under this section, to enable such State Commissions to award ServeAmerica Fellowships under subsection (e). ‘‘(2) ALLOTMENT; ADMINISTRATIVE COSTS.— ‘‘(A) ALLOTMENT.—The amount allotted to a State Commission for a fiscal year shall be equal to an amount that bears the same ratio to the amount appropriated under section 501(a)(4)(B), as the population of the State bears 42USC1 2 653b. 42 USC 12653 a .


text:
Page:United States Statutes at Large Volume 123.djvu/1575

 123STA T . 1 5 55 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9to t he tot alp op u lat i o n o f the s e v e r al S tates , the D istri c t of C olu mb ia, an d the Common w ealth of P uerto R ico .‘ ‘ (B) R EAL L OTM E N T. —I f a State Commission does not appl y for an allotment under this subsection for any fiscal year, or if the State Commission ’ s application is not approved, the Corporation shall reallot the amount of the State Commission’s allotment to the remainin g State Commissions in accordance with subparagraph ( A ). ‘‘(C) A D M I NI S T R ATI V E C OSTS.— O f the amount allotted to a State Commission under subparagraph (A), not more than 1 . 5 percent of such amount may be used for adminis - trative costs. ‘‘( 3 ) NU M B ERO FP OSITIONS.— T he Corporation shall— ‘‘(A) establish or increase the number of approved national service positions under this subsection during each of fiscal years 20 10 through 201 4; ‘‘(B) establish the number of approved positions at 500 for fiscal year 2010; and ‘‘(C) increase the number of the approved positions to— ‘‘(i) 7 50 for fiscal year 2011; ‘‘(ii) 1,000 for fiscal year 2012; ‘‘(iii) 1,250 for fiscal year 2013; and ‘‘(iv) 1,500 for fiscal year 2014. ‘‘(4) U SES OF G RANT FUNDS.— ‘‘(A) RE Q UIRED USES.—A grant awarded under this sub- section shall be used to enable fellows to carry out service pro j ects in areas of national need. ‘‘(B) PERMITTED USES.—A grant awarded under this subsection may be used for— ‘‘(i) oversight activities and mechanisms for the service sites of the fellows, as determined necessary by the State Commission or the Corporation, which may include site visits; ‘‘(ii) activities to augment the e x perience of fellows, including activities to engage the fellows in networ k ing opportunities with other national service participants; and ‘‘(iii) recruitment or training activities for fellows. ‘‘(5) APPLICATIONS.—To be eligible to receive a grant under this subsection, a State Commission shall submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may re q uire, including information on the criteria and procedures that the State Commission will use for overseeing ServeAmerica F ellowship placements for service projects, under subsection (e). ‘‘(c) E LIGIBLE FELLO W S H IP RECIPIENTS.— ‘‘(1) APPLICATION.— ‘‘(A) IN GENERAL.—An applicant desiring to become an eligible fellowship recipient shall submit an application to a State Commission that has elected to participate in the program authori z ed under this section, at such time and in such manner as the Commission may require, and containing the information described in subparagraph (B) and such additional information as the Commission may require. An applicant may submit such application to only 1 State Commission for a fiscal year.


text:
Page:United States Statutes at Large Volume 123.djvu/1576

 123STA T . 1 5 5 6PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9‘ ‘ (B)CONTE NT S.—The C orp or ati o ns ha l l spe c i fy infor m ation to b e pro v i d ed in an application s u bmitted under this subsection ,w hich— ‘‘(i) shall include— ‘‘( I ) a description of the area of national need that the applicant intends to address in the service pro j ect ‘‘(II) a description of the s k ills and e x perience the applicant has to address the area of national need; ‘‘(III) a description of the type of service the applicant plans to provide as a fellow; and ‘‘(I V ) information identifyin g the local area within the S tate served by the Commission in which the applicant plans to serve for the service project; and ‘‘(ii) may include, if the applicant chooses, the si z e of the registered service sponsor organization with which the applicant hopes to serve. ‘‘( 2 )SE L E C T I ON.— E ach State Commission shall— ‘‘( A ) select, from the applications received by the State Commission for a fiscal year, the number of eligible fellow - ship recipients that may be supported for that fiscal year based on the amount of the grant received by the State Commission under subsection (b); and ‘‘(B) make an effort to award one-third of the fellow- ships available to the State Commission for a fiscal year, based on the amount of the grant received under subsection (b), to applicants who propose to serve the fellowship with small service sponsor organizations registered under sub- section (d). ‘‘(d) SE RV ICE S P ONSOR O R GA NI Z ATIONS.— ‘‘( 1 ) IN GENERAL.—Each service sponsor organization shall— ‘‘(A) be a nonprofit organization; ‘‘(B) satisfy q ualification criteria established by the Corporation or the State Commission, including standards relating to organizational capacity, financial management, and programmatic oversight; ‘‘(C) not be a recipient of other assistance, approved national service positions, or approved summer of service positions under the national service laws; and ‘‘( D ) at the time of registration with a State Commis- sion, enter into an agreement providing that the service sponsor organization shall— ‘‘(i) abide by all program requirements; ‘‘(ii) provide an amount described in subsection (e)( 3 )(b) for each fellow serving with the organization through the ServeAmerica F ellowship; ‘‘(iii) be responsible for certifying whether each fellow serving with the organization successfully com- pleted the ServeAmerica Fellowship, and record and certify in a manner specified by the Corporation the number of hours served by a fellow for purposes of determining the fellow ’ s eligibility for benefits; and ‘‘(iv) provide timely access to records relating to the ServeAmerica Fellowship to the State Commission, Records.C er tif ic a tio n . Contracts. Criteria.


text:
Page:United States Statutes at Large Volume 123.djvu/1577

 123STA T . 1 5 5 7PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9theCorp or a t i o n, an d the I n s pe c tor G enera l o f the Cor - poration .‘ ‘ (2)REGISTRA TI ON . — ‘‘( A )RE QU IRE M ENT.— N o ser v ice sponsor or g ani z ation m a y receive a fello wu nder this section until the organiza- tion registers with the S tate Commission. ‘‘( B )C L EARING H OUSE.— T he State Commission shall maintain a list of registered service sponsor organizations onapu b lic website. ‘‘(C) RE V O C ATION.—If a State Commission determines that a service sponsor organization is in violation of any of the applicable provisions of this section— ‘‘(i) the State Commission shall revo k e the registra- tion of the organization ‘‘(ii) the organization shall not be eligible to receive assistance, approved national service positions, or approved summer of service positions under this title for not less than 5 years; and ‘‘(iii) the State Commission shall have the right to remove a fellow from the organization and relocate the fellow to another site. ‘‘(e) F ELLO W S.— ‘‘( 1 ) IN GENERAL.—To be eligible to participate in a service pro j ect as a fellow and receive a ServeAmerica Fellowship, an eligible fellowship recipient shall— ‘‘(A) within 3 months after being selected as an eligible fellowship recipient by a State Commission, select a reg- istered service sponsor organization described in subsection (d)— ‘‘(i) with which the recipient is interested in serving under this section; and ‘‘(ii) that is located in the State served by the State Commission; ‘‘(B) enter into an agreement with the organization— ‘‘(i) that specifies the service the recipient will provide if the placement is approved; and ‘‘(ii) in which the recipient agrees to serve for 1 year on a full-time or part-time basis (as determined by the Corporation); and ‘‘(C) submit such agreement to the State Commission. ‘‘(2) AWAR D .— U pon receiving the eligible fellowship recipi- ent ’ s agreement under paragraph (1), the State Commission shall award a ServeAmerica Fellowship to the recipient and designate the recipient as a fellow. ‘‘(3) FELLOWSHI P AMOUNT.— ‘‘(A) IN GENERAL.—From amounts received under sub- section (b), each State Commission shall award each of the State’s fellows a ServeAmerica Fellowship amount that ise q ualto5 0 percent of the amount of the average annual V ISTA subsistence allowance. ‘‘(B) AMOUNT F ROM SERVICE SPONSOR ORGANI Z ATION.— ‘‘(i) IN GENERAL.— Ex cept as provided in clause (ii) and subparagraph (E), the service sponsor organiza- tion shall award to the fellow serving such organization an amount that will ensure that the total award received by the fellow for service in the service project (consisting of such amount and the ServeAmerica Contrac t s.De a dli ne. R ecords. W e bp ostin g.


text:
Page:United States Statutes at Large Volume 123.djvu/1578

 123STA T . 1 5 5 8PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9Fel l owshipam o unt the f ellow r e c ei v es un d er su b para -g raph (A) )ise q ual to or greater than 70 percent of the average annual VIST A subsistence allowance .‘ ‘(ii) S MAL L SERVIC ES PON SOR OR G ANI Z A T IONS. — In the case of a small service sponsor organi z ation, the small service sponsor organization ma y decrease the amount of the service sponsor organization award required under clause (i) to not less than an amount that will ensure that the total award received by the fellow for service in the service pro j ect (as calculated in clause (i)) is equal to or greater than 6 0 percent of the average annual VISTA subsistence allowance. ‘‘( C ) M A X IM U M LIVING ALLO W ANCE.—The total amount that may be provided to a fellow under this subparagraph shall not e x ceed 1 00 percent of the average annual VISTA subsistence allowance. ‘‘( D ) P RORATION O F AMOUNT.—In the case of a fellow who is authorized to serve a part-time term of service under the agreement described in paragraph (1)( B )(ii), the amount provided to a fellow under this paragraph shall be prorated accordingly. ‘‘( E ) W AIVER.—The Corporation may allow a State Commission to waive the amount required under subpara- graph (B) from the service sponsor organization for a fellow serving the organization if— ‘‘(i) such requirement is inconsistent with the objec- tives of the ServeAmerica Fellowship program and ‘‘(ii) the amount provided to the fellow under subparagraph (A) is sufficient to meet the necessary costs of living (including food, housing, and transpor- tation) in the area in which the ServeAmerica Fellow- ship program is located. ‘‘(F) DEFINITION.—In this paragraph, the term ‘average annual VISTA subsistence allowance ’ means the total aver- age annual subsistence allowance provided to VISTA volun- teers under section 10 5 of the Domestic Volunteer Service Actof1 9 7 3 ( 42U .S.C. 4955). ‘‘(f) COMPLIANCE WIT H INELIGI B LE SERVICE CATEGORIES.— Service under a ServeAmerica Fellowship shall comply with section 132(a). For purposes of applying that section to this subsection, a reference to assistance shall be considered to be a reference to assistance provided under this section. ‘‘(g) R EPORTS.—Each service sponsor organization that receives a fellow under this section shall, on a biwee k ly basis, report to the Corporation on the number of hours served and the services provided by that fellow. The Corporation shall establish a web portal for the organizations to use in reporting the information. ‘‘(h) E D UCATIONAL AWARDS.—A fellow who serves in a service project under this section shall be considered to have served in an approved national service position and, upon meeting the requirements of section 147 for full-time or part-time national service, shall be eligible for a national service educational award described in such section. The Corporation shall transfer an appro- priate amount of funds to the N ational Service Trust to provide for the national service educational award for such fellow. Websit e .


text:
Page:United States Statutes at Large Volume 123.djvu/1579

 123STA T . 1 5 5 9PUBLIC LA W 111 – 13 — AP R .21 , 2 0 09 ‘ ‘ SEC.198 C.S ILV E R SC HO L A RSHI P SA ND ENCORE F ELLO W SHIPS. ‘ ‘ (a)SILVER S CHO L A R S HI PG RA NTP RO G RA M.— ‘‘( 1 ) E STA B LISHMENT.— TheCorp ora ti o nm a y a w ar df i x ed - amo u nt g rant s (in a c cordance with section 1 29 ( l )) to community- b ased entities to carry out a Sil v er Scholarship Grant Program for individuals age 5 5 or older , in which such individuals com- plete not less than 3 5 0 hours of service in a year carrying out pro j ects of national need and receive a Silver Scholarship intheformofa $ 1,000 national service educational award. U nder such a program, the Corporation shall establish criteria for the types of the service re q uired to be performed to receive such award. ‘‘(2) TERM.—Each program funded under this subsection shall be carried out over a period of 3 years (which may include 1 planning year), with a 1-year extension possible, if the pro- gram meets performance levels developed in accordance with section 1 7 9( k ) and any other criteria determined by the Cor- poration. ‘‘(3) A PPLICATIONS.—To be eligible for a grant under this subsection, a community-based entity shall— ‘‘(A) submit to the Corporation an application at such time and in such manner as the Chief Executive O fficer may reasonably require and ‘‘( B ) be a listed organi z ation as described in subsection (b)( 4 ). ‘‘(4) COLLABORATION ENCO U RAGE D .—A community-based entity awarded a grant under this subsection is encouraged to collaborate with programs funded under title I Iofthe D omestic V olunteer Service Act of 1973 in carrying out this program. ‘‘(5) ELIGIBILIT YF OR FELLO W SHIP.—An individual is eligible to receive a Silver Scholarship if the community-based entity certifies to the Corporation that the individual has completed not less than 350 hours of service under this section in a 1-year period. ‘‘( 6 ) TRANSFER TO TRUST.—The Corporation shall transfer an appropriate amount of funds to the N ational Service Trust to provide for the national service educational award for each silver scholar under this subsection. ‘‘(7) SUPPORT SERVICES.—A community-based entity receiving a fixed-amount grant under this subsection may use a portion of the grant to provide transportation services to an eligible individual to allow such individual to participate in a service project. ‘‘(b) ENCORE F ELLOWSHIPS.— ‘‘(1) ESTABLISHMENT.—The Corporation may award 1-year Encore Fellowships to enable individuals age 55 or older to— ‘‘(A) carry out service projects in areas of national need; and ‘‘(B) receive training and development in order to transition to full- or part-time public service in the non- profit sector or government. ‘‘(2) PROGRAM.—In carrying out the program, the Corpora- tion shall— ‘‘(A) maintain a list of eligible organizations for which Encore Fellows may be placed to carry out service projects Records.C r it eri a . 42US C 1 2 653 c.


text:
Page:United States Statutes at Large Volume 123.djvu/1580

 123STA T . 1 560PUBLIC LA W 111 – 13 — AP R .21 , 200 9throug hth ep rogr am a nds ha l l pro vi de the list to all F ello w- ship re c ipients and ‘ ‘ (B) at the re q uest o f a Fellowship recipient — ‘‘(i) determine whether the requesting recipient is a b le to meet the service needs of a listed organi z ation , or another organization that the recipient requests in accordance with paragraph ( 5 )(B), for a service pro j ect; and ‘‘(ii) upon ma k ing a favorable determination under clause (i), award the recipient with an E ncore Fellow- ship, and place the recipient with the organization as an Encore Fellow under paragraph (5)( C ) . ‘‘( 3 )E LIG I B L ER E C I P IE NTS .— ‘‘( A ) I N GENER A L.—An individual desiring to be selected as a Fellowship recipient shall— ‘‘(i) be an individual who— ‘‘(I) is age 55 or older as of the time the indi- vidual applies for the program; and ‘‘(II) is not engaged in, but who wishes to engage in, full- or part-time public service in the nonprofit sector or government; and ‘‘(ii) submit an application to the Corporation, at such time, in such manner, and containing such information as the Corporation ma y require, including— ‘‘(I) a description of the area of national need that the applicant hopes to address through the service project; ‘‘(II) a description of the skills and e x perience the applicant has to address an area of national need; and ‘‘(III) information identifying the region of the U nited S tates in which the applicant wishes to serve. ‘‘(B) SELECTI O N BASIS.—In determining which individ- uals to select as Fellowship recipients, the Corporation shall— ‘‘(i) select not more than 10 individuals from each State; and ‘‘(ii) give priority to individuals with skills and experience for which there is an ongoing high demand in the nonprofit sector and government. ‘‘( 4 ) L ISTE D ORGANI Z ATIONS.— T o be listed under paragraph ( 2 )(A), an organization shall— ‘‘(A) be a nonprofit organization; and ‘‘(B) submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may require, including— ‘‘(i) a description of— ‘‘(I) the services and activities the organization carries out generally; ‘‘(II) the area of national need that the organization seeks to address through a service project; and ‘‘(III) the services and activities the organiza- tion seeks to carry out through the proposed service project;


text:
Page:United States Statutes at Large Volume 123.djvu/1581

 123STA T . 1 56 1 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9‘ ‘ (i i )adescr i pt i on o f t h es k i l lsande x perience that an eli g i b le E ncore F ello w ship recipient needs to be placed with the organi z ation as an Encore Fellow for the ser v ice pro j ect ‘‘(iii) a description of the training and leadership develop m ent the organization shall provide an Encore Fellow placed with the organization to assist the Encore Fellow in obtaining a p u blic service job in the nonprofit sector or government after the period of the Encore Fellowship; and ‘‘(iv) evidence of the organization ’ s financial sta - bilit y. ‘‘( 5 ) PLACEM E NT . — ‘‘( A ) R E QU E S T FORP LACEMENT WI T H LISTE D OR G ANI Z A- TIONS.— T o be placed with a listed organization in accord- ance with paragraph ( 2 )( B ) for a service project , an eligible Encore Fellowship recipient shall submit an application for such placement to the C orporation at such time, in such manner, and containing such information as the Cor- poration may re q uire. ‘‘(B) REQUEST FOR PLACEMENT WITH OTHER ORGANIZA- TION.—An eligible Encore Fellowship recipient may apply to the Corporation to serve the recipient’s Encore Fellow- ship year with a nonprofit organization that is not a listed organization. S uch application shall be submitted to the Corporation at such time, in such manner, and containing such information as the Corporation shall require, and shall include— ‘‘(i) an identification and description of— ‘‘( I ) the organization; ‘‘(II) the area of national need the organization seeks to address; and ‘‘(III) the services or activities the organization carries out to address such area of national need; ‘‘(ii) a description of the services the eligible Encore Fellowship recipient shall provide for the organization as an Encore Fellow; and ‘‘(iii) a letter of support from the leader of the organization, including— ‘‘(I) a description of the organization’s need for the eligible Encore Fellowship recipient’s serv- ices; ‘‘(II) evidence that the organization is finan- cially sound; ‘‘(III) an assurance that the organization will provide training and leadership development to the eligible Encore Fellowship recipient if placed with the organization as an Encore Fellow, to assist the Encore Fellow in obtaining a public service job in the nonprofit sector or government after the period of the Encore Fellowship; and ‘‘(I V ) a description of the training and leader- ship development to be provided to the Encore Fellowship recipient if so placed. ‘‘(C) PLACEMENT AND AWARD OF FELLOWSHIP.—If the Corporation determines that the eligible Encore Fellowship recipient is able to meet the service needs (including skills


text:
Page:United States Statutes at Large Volume 123.djvu/1582

 123STA T . 1 56 2 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9andexp e ri en c e to addre s sanareao f nationa l need ) of t h eor g ani z ation that the eligi b le fello w ship recipient re qu ests under subparagraph (A )or( B ), the C orporation shall —‘ ‘(i) appro v e the place m ent of the eligible E ncore F ellowship recipient with the organization ‘‘(ii) award the eligible Encore Fellowship recipient an Encore Fellowship for a period of 1y ear and des - ignate the eligible Encore Fellowship recipient as an Encore Fellow; and ‘‘(iii) in awarding the Encore Fellowship, ma k e a payment, in the amount of $ 11, 0 00, to the organiza- tion to enable the organization to provide living expenses to the Encore Fellow for the year in which the Encore Fellow agrees to serve . ‘‘( 6 ) MATCHINGFU N DS .—An organization that receives an Encore Fellow under this subsection shall agree to provide, for the living expenses of the Encore Fellow during the year of service, non-Federal contributions in an amount equal to not less than $1 for every $1 of Federal funds provided to the organization for the Encore Fellow through the Encore Fellowship. ‘‘( 7 ) TR AINING AND ASSISTANC E .—Each organization that receives an Encore Fellow under this subsection shall provide training, leadership development, and assistance to the Encore Fellow, and conduct oversight of the service provided by the Encore Fellow. ‘‘( 8 ) L EADERSHI P DE V E LO P M ENT.—Each year, the Corpora- tion shall convene current and former Encore Fellows to discuss the Encore Fellows ’ experiences related to service under this subsection and discuss strategies for increasing leadership and careers in public service in the nonprofit sector or government. ‘‘(c) EVALUATIONS.—The Corporation shall conduct an inde- pendent evaluation of the programs authorized under subsections (a) and (b) and widely disseminate the results, including rec- ommendations for improvement, to the service community through multiple channels, including the Corporation’s R esource Center or a clearinghouse of effective strategies.’’. SEC.1806 . NATIO NA L SE RV ICE RESERVE COR P S. S ubtitle H of title I ( 42U .S.C. 126 53 et seq.) is further amended by adding at the end the following

‘ PARTI I —N ATI O NA LSE R V I C E RESERVE CORPS ‘ ‘SEC. 1 9 8 H . NATIONAL SERVICE RESERVE CORPS. ‘‘(a) D EFINITIONS.—In this section— ‘‘(1) the term ‘ N ational Service Reserve Corps member’ means an individual who— ‘‘(A) has completed a term of national service or is a veteran; ‘‘(B) has successfully completed training described in subsection (c) within the previous 2 years; ‘‘(C) completes not less than 10 hours of volunteering each year (which may include the training session described in subparagraph (B)); and 42USC1 2 653h.


text:
Page:United States Statutes at Large Volume 123.djvu/1583

 123STA T . 1 56 3 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9‘ ‘ (D)hasind i c a te d inte r est t o the C or p oration in respondin g to disasters and e m ergencies in a time ly manner thro u gh the N ational S er v ice R eserve Corps and ‘‘( 2 ) the term ‘term o f national service ’ means a term or period of service under section 1 2 3. ‘‘( b ) ESTABLI S HMEN T OF NATIONAL SE RV I C E RESERVE COR P S. — ‘‘(1) I N G ENERAL.—In consultation w ith the F ederal Emer - gency M anagement A gency , the Corporation shall establish a National Service Reserve Corps to prepare and deploy National Service Reserve Corps members to respond to disasters and emergencies in support of national service programs and other re q uesting programs and agencies. ‘‘(2) G RANTS OR CONTRACTS.—In carrying out this section, the Corporation may enter into a grant or contract with an organi z ation e x perienced in responding to disasters or in coordi- nating individuals who have completed a term of national service or are veterans, or may directly deploy National Service Reserve Corps members, as the Corporation determines nec- essary. ‘‘(c) ANN U AL T RAINING.—The Corporation shall conduct or coordinate annual training sessions, consistent with the training requirements of the Federal Emergency Management Agency, for individuals who have completed a term of national service or are veterans, and who wish to j oin the National Service Reserve Corps. ‘‘(d) DESIGNATION OF O RGANI Z ATIONS.— ‘‘(1) IN GENERAL.—The Corporation shall designate organizations with demonstrated experience in responding to disasters or emergencies, including through using volunteers, for participation in the program under this section. ‘‘(2) RE Q UIREMENTS.—The Corporation shall ensure that every designated organization is— ‘‘(A) prepared to respond to disasters or emergencies; ‘‘( B ) prepared and able to utilize National Service Reserve Corps members in responding to disasters or emer- gencies; and ‘‘(C) willing to respond in a timely manner when noti- fied by the Corporation of a disaster or emergency. ‘‘(e) DATABASES.—The Corporation shall develop or contract with an outside organization to develop— ‘‘(1) a database of all National Service Reserve Corps mem- bers; and ‘‘(2) a database of all nonprofit organizations that have been designated by the Corporation under subsection (d). ‘‘(f) DEPLO Y MENT OF NATIONAL SERVICE RESERVE CORPS.— ‘‘(1) MA J OR D ISASTERS OR EMERGENCIES.—If a major dis- aster or emergency is declared by the P resident pursuant to section 1 0 2 of the Robert T. Stafford Disaster Relief and Assist- ance Act ( 4 2 U .S.C. 5 122), the Administrator of the Federal Emergency Management Agency, in consultation with the Cor- poration, may tas k the National Service Reserve Corps to assist in response. ‘‘(2) OTHER DISASTERS OR EMERGENCIES.—For a disaster or emergency that is not declared a major disaster or emergency under section 102 of the Robert T. Stafford Disaster Relief and Assistance Act (42 U.S.C. 5122), the Corporation may directly, or through a grant or contract, deploy the National Service Reserve Corps.


text:
Page:United States Statutes at Large Volume 123.djvu/1584

 123STA T . 1 564PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9‘ ‘ (3)DEPLOYM E NT.—Underpa ra g rap h ( 1 ) o r( 2 ) ,t he C or - porat i on m a y — ‘‘( A ) dep l oy intere s ted N ational S er v i c e R eserve Corps mem b ers on assignments o f not more than 3 0 days to assist w ith local needs related to preparing or recovering from the incident in the affected area, either directly or thro u gh organi z ations designated under subsection (d) ‘‘( B )ma k e travel arrangements for the deployed National Service Reserve Corps members to the site of the incident; and ‘‘(C) provide funds to those organizations that are responding to the incident with deployed National Service Reserve Corps members, to enable the organizations to coordinate and provide housing, living stipends, and insur- ance for those deployed members. ‘‘( 4 ) ALLO WA N C E.—Any amounts that are utilized by the Corporation from funds appropriated under section 5 01(a)(4)(D) to carry out paragraph (1) for a fiscal year shall be kept in a separate fund. Any amounts in such fund that are not used during a fiscal year shall remain available to use to pay National Service Reserve Corps members an allowance, determined by the Corporation, for out-of-pocket e x penses. ‘‘(5) I N F O R MAT I ON.— ‘‘(A) NATIONAL S ER V ICE PARTICIPANTS.— T he Corpora- tion, the State Commissions, and entities receiving finan- cial assistance for programs under subtitle C of this Act, or under part A of title I of the Domestic V olunteer Service Actof1 97 3 (42 U.S.C. 4951 et se q .), shall inform partici- pants about the National Service Reserve Corps upon the participants ’ completion of their term of national service. ‘‘(B) VETERANS.—The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall inform veterans who are recently discharged, released, or sepa- rated from the Armed F orces about the National Service Reserve Corps. ‘‘( 6 ) COOR D INATION.—In deploying National Service Reserve Corps members under this subsection, the Corporation shall— ‘‘(A) avoid duplication of activities directed by the Fed- eral E mergency M anagement Agency; and ‘‘(B) consult and, as appropriate, partner with Citizen Corps programs and other local disaster agencies, including State and local emergency management agencies, voluntary organizations active in disaster, State Commissions, and similar organizations, in the affected area.’’. SEC.1807 .S O C IAL I N NO V A T ION FU N D S P ILOT P R O G RA M. Subtitle H of title I (42 U.S.C. 12653 et seq.) is further amended by adding at the end the following

‘ PARTI II —SOC IA L I N NO V ATION FU N D S PILOT PRO G RA M‘ ‘SEC. 1 9 8 K . FUNDS. ‘‘(a) FINDIN G S.—Congress finds the following: ‘‘(1) Social entrepreneurs and other nonprofit community organizations are developing innovative and effective solutions to national and local challenges. 42USC1 2 653k.


text:
Page:United States Statutes at Large Volume 123.djvu/1585

 123STA T . 1 56 5 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9‘ ‘ (2)Increas e dpubli c and pri v a t e invest m ent in replicatin g and e x panding pr o ven e f fective solutions , and supporting ne w solutions, developed b y social entrepreneurs and ot h er nonprofit community organi z ations could allow those entrepreneurs and organizations to replicate and expand proven initiatives, and support new initiatives, in communities . ‘‘( 3 ) A networ k of S ocial Innovation F unds could leverage Federal investments to increase State, local, business, and philanthropic resources to replicate and expand proven solu - tions and invest in supporting new innovations to tackle specific identified community challenges. ‘‘(b) PURPOSE S. —T he purposes of this section are— ‘‘( 1 ) to recognize and increase the impact of social entre- preneurs and other nonprofit community organizations in tack- ling national and local challenges ‘‘(2) to stimulate the development of a network of Social Innovation Funds that will increase private and public invest- ment in nonprofit community organizations that are effectively addressing national and local challenges to allow such organiza- tions to replicate and expand proven initiatives or support new initiatives; ‘‘(3) to assess the effectiveness of such Funds in— ‘‘(A) leveraging Federal investments to increase State, local, business, and philanthropic resources to address national and local challenges; ‘‘( B ) providing resources to replicate and expand effec- tive initiatives; and ‘‘( C ) seeding experimental initiatives focused on improving outcomes in the areas described in subsection (f)(3); and ‘‘( 4 ) to strengthen the infrastructure to identify, invest in, replicate, and expand initiatives with effective solutions to national and local challenges. ‘‘(c) D E FIN I T IONS.—In this section ‘‘(1) CO M MUNIT Y OR GA NI Z ATION.—The term ‘community organization ’ means a nonprofit organization that carries out innovative, effective initiatives to address community chal- lenges. ‘‘(2) CO V ERE D ENTITY.—The term ‘covered entity’ means— ‘‘(A) an existing grantmaking institution (existing as of the date on which the institution applies for a grant under this section); or ‘‘(B) a partnership between— ‘‘(i) such an existing grantmaking institution; and ‘‘(ii) an additional grantmaking institution, a State Commission, or a chief executive officer of a unit of general local government. ‘‘(3) ISSUE AREA.—The term ‘issue area’ means an area described in subsection (f)(3). ‘‘(d) PROGRAM.—From the amounts appropriated to carry out this section that are not reserved under subsections (l) and (m), the Corporation shall establish a Social Innovation Funds grant program to make grants on a competitive basis to eligible entities for Social Innovation Funds.


text:
Page:United States Statutes at Large Volume 123.djvu/1586

 123STA T . 1 56 6 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9‘ ‘ (e)PERIODS;AM O UNT S .—Th e Corp or ati o ns ha l l m a k es uc h g rants f or perio d sof 5y ears , and may rene w the grants for addi - tional periods of 5 years, in amounts of not less than $1, 0 00,000 and not more than $10,000,000 per year. ‘‘(f) EL I G I B ILIT Y .—To b e eligible to recei v e a grant under sub- section (d), an entity shall— ‘‘(1) be a covered entity; ‘‘( 2 ) propose to focus on— ‘‘(A) serving a specific local geographical area; or ‘‘( B ) addressing a specific issue area; ‘‘( 3 ) propose to focus on improving measurable outcomes relating to— ‘‘(A) education for economically disadvantaged elementary or secondary school students; ‘‘(B) child and youth development; ‘‘(C) reductions in poverty or increases in economic opportunity for economically disadvantaged individuals; ‘‘( D ) health, including access to health services and health education; ‘‘(E) resource conservation and local environmental q uality; ‘‘( F ) individual or community energy efficiency; ‘‘( G ) civic engagement; or ‘‘( H ) reductions in crime; ‘‘( 4 ) have an evidence-based decisionmaking strategy, including— ‘‘(A) use of evidence produced by prior rigorous evalua- tions of program effectiveness including, where available, well-implemented randomi z ed controlled trials; and ‘‘(B) a well-articulated plan to— ‘‘(i)( I ) replicate and e x pand research-proven initia- tives that have been shown to produce sizeable, sus- tained benefits to participants or society; or ‘‘(II) support new initiatives with a substantial likelihood of significant impact; or ‘‘(ii) partner with a research organization to carry out rigorous evaluations to assess the effectiveness of such initiatives; and ‘‘(5) have appropriate policies, as determined by the Cor- poration, that protect against conflict of interest, self-dealing, and other improper practices. ‘‘(g) A P PLI CA TION.—To be eligible to receive a grant under sub- section (d) for national leveraging capital, an eligible entity shall submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may specify, including, at a minimum— ‘‘(1) an assurance that the eligible entity will— ‘‘(A) use the funds received through that capital in order to make subgrants to community organizations that will use the funds to replicate or expand proven initiatives, or support new initiatives, in low-income communities; ‘‘(B) in making decisions about subgrants for commu- nities, consult with a diverse cross section of community representatives in the decisions, including individuals from the public, nonprofit private, and for-profit private sectors; and


text:
Page:United States Statutes at Large Volume 123.djvu/1587

 123STA T . 1 567PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9‘ ‘ (C)makesubgr a nt s of a suff ic ient si z ean d sco p e to enab l et h e communit y organizations to build their capacity to manage initiati v es , and sustain replication or e x pansion of the initiatives ‘‘( 2 ) an assurance that the eligible entity w ill not make any subgrants to the parent organizations of the eligible entity, a subsidiary organization of the parent organization, or, if the eligible entity applied for funds under this section as a partnership, any member of the partnership; ‘‘( 3 ) an identification of, as appropriate — ‘‘( A ) the specific local geographical area referred to in subsection (f)(2)(A) that the eligible entity is proposing to serve; or ‘‘( B ) the issue area referred to in subsection (f)(2)(B) that the eligible entity will address, and the geographical areas that the eligible entity is likely to serve in addressing such issue area; ‘‘( 4 )(A) information identifying the issue areas in which the eligible entity will work to improve measurable outcomes; ‘‘(B) statistics on the needs related to those issue areas in, as appropriate— ‘‘(i) the specific local geographical area described in paragraph (3)(A); or ‘‘(ii) the geographical areas described in paragraph (3)(B), including statistics demonstrating that those geo - graphical areas have high need in the specific issue area that the eligible entity is proposing to address; and ‘‘(C) information on the specific measurable outcomes related to the issue areas involved that the eligible entity will seek to improve; ‘‘( 5 ) information describing the process by which the eligible entity selected, or will select, community organizations to receive the subgrants, to ensure that the community organiza- tions— ‘‘(A) are institutions— ‘‘(i) with proven initiatives and a demonstrated track record of achieving specific outcomes related to the measurable outcomes for the eligible entity; or ‘‘(ii) that articulate a new solution with a signifi- cant likelihood for substantial impact; ‘‘(B) articulate measurable outcomes for the use of the subgrant funds that are connected to the measurable outcomes for the eligible entity; ‘‘(C) will use the funds to replicate, expand, or support their initiatives; ‘‘( D ) provide a well-defined plan for replicating, expanding, or supporting the initiatives funded; ‘‘( E ) can sustain the initiatives after the subgrant period concludes through reliable public revenues, earned income, or private sector funding; ‘‘( F ) have strong leadership and financial and manage- ment systems; ‘‘( G ) are committed to the use of data collection and evaluation for improvement of the initiatives; ‘‘( H ) will implement and evaluate innovative initia- tives, to be important contributors to knowledge in their fields; and


text:
Page:United States Statutes at Large Volume 123.djvu/1588

 123STA T . 1 568PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9‘ ‘ (I)wil l me e t t h e r e qu ireme n t sfo r p ro v i d in g m a t c hing funds specified in su b section ( k ) ‘‘( 6 ) information about the eligible entit y, including its e x perience managing collaborative initiatives, or assessing applicants for grants and evaluating the performance of grant recipients for outcome - focused initiatives, and any other rel- evant information; ‘‘( 7 ) a commitment to meet the requirements of subsection (i) and a plan for meeting the requirements, including informa- tion on any funding that the eligible entity has secured to provide the matching funds required under that subsection; ‘‘( 8 ) a description of the eligible entity ’ s plan for providing technical assistance and support, other than financial support, to the community organi z ations that will increase the ability of the community organizations to achieve their measurable outcomes; ‘‘( 9 ) information on the commitment, institutional capacity, and expertise of the eligible entity concerning — ‘‘( A ) collecting and analyzing data required for evalua- tions, compliance efforts, and other purposes; ‘‘( B ) supporting relevant research; and ‘‘( C ) submitting regular reports to the Corporation, including information on the initiatives of the community organizations, and the replication or expansion of such initiatives; ‘‘( 10 ) a commitment to use data and evaluations to improve the eligible entity’s own model and to improve the initiatives funded by the eligible entity; and ‘‘(11) a commitment to cooperate with any evaluation activi- ties undertaken by the Corporation . ‘‘(h) SEL E CTION C R ITERI A .—In selecting eligible entities to receive grants under subsection (d), the Corporation shall— ‘‘(1) select eligible entities on a competitive basis; ‘‘( 2 ) select eligible entities on the basis of the quality of their selection process, as described in subsection (g)( 5 ), the capacity of the eligible entities to manage Social Innovation F unds, and the potential of the eligible entities to sustain the Funds after the conclusion of the grant period; ‘‘( 3 ) include among the grant recipients eligible entities that propose to provide subgrants to serve communities (such as rural low-income communities) that the eligible entities can demonstrate are significantly philanthropically underserved; ‘‘( 4 ) select a geographically diverse set of eligible entities; and ‘‘(5) take into account broad community perspectives and support. ‘‘(i) M ATC H IN G F U N DSF OR G RANTS.— ‘‘(1) IN GENERAL.— T he Corporation may not make a grant to an eligible entity under subsection (d) for a Social Innovation Fund unless the entity agrees that, with respect to the cost described in subsection (d) for that Fund, the entity will make available matching funds in an amount equal to not less than $ 1 for every $1 of funds provided under the grant. ‘‘(2) ADDITIONAL RE Q UIRE M ENTS.— ‘‘(A) T YP E AND SOURCES.—The eligible entity shall pro- vide the matching funds in cash. The eligible entity shall provide the matching funds from State, local, or private


text:
Page:United States Statutes at Large Volume 123.djvu/1589

 123STA T . 1 569PUBLIC LA W 111 – 13 — AP R .21 , 2 0 09 source s ,whi ch may i n c l u d e St ate or local a g encies, b usinesses, p ri v ate philanthropic organi z ations, or individ - uals .‘ ‘ (B)ELIG I B L E E NT ITIE S IN C L UD ING ST A TEC OM MISSIONS O R LOCAL GO V ERNMENT O F FICES. — ‘‘(i) I N GENERAL.—In a case in which a State C ommission, a local government o f fice, or both entities are a part of the eligible entity, the State involved, the local government involved, or both entities, respec- tively, shall contribute not less than 30 percent and not more than 5 0 percent of the matching funds. ‘‘(ii) L OCAL GOVERNMENT OFFICE.—In this subpara- graph, the term ‘local government office ’ means the office of the chief e x ecutive officer of a unit of general local government. ‘‘(3) R EDUCTION.— T he Corporation may reduce by 50 per- cent the matching funds re q uired by paragraph ( 1 )foran eligible entity serving a community (such as a rural low-income community) that the eligible entity can demonstrate is signifi- cantly philanthropically underserved. ‘‘( j ) SUBGRANTS.— ‘‘(1) SUBGRANTS AUT H ORI Z ED.— A n eligible entity receiving a grant under subsection (d) is authorized to use the funds made available through the grant to award, on a competitive basis, subgrants to expand or replicate proven initiatives, or support new initiatives with a substantial li k elihood of success, to— ‘‘(A) community organizations serving low-income communities within the specific local geographical area described in the eligible entity’s application in accordance with subsection (g)(3)(A) or ‘‘(B) community organizations addressing a specific issue area described in the eligible entity’s application in accordance with subsection (g)(3)(B), in low-income commu- nities in the geographical areas described in the applica- tion. ‘‘( 2 ) P ERIODS; AMOUNTS.—The eligible entity shall make such subgrants for periods of not less than 3 and not more than 5 years, and may renew the subgrants for such periods, in amounts of not less than $ 100,000 per year. ‘‘(3) A P PLICATIONS.—To be eligible to receive a subgrant from an eligible entity under this section, including receiving a payment for that subgrant each year, a community organiza- tion shall submit an application to an eligible entity that serves the specific local geographical area, or geographical areas, that the community organization proposes to serve, at such time, in such manner, and containing such information as the eligible entity may require, including— ‘‘(A) a description of the initiative the community organization carries out and plans to replicate or expand, or of the new initiative the community organization intends to support, using funds received from the eligible entity, and how the initiative relates to the issue areas in which the eligible entity has committed to work in the eligible entity’s application, in accordance with subsection (g)( 4 )(A); Defin i t i o n .