National Service, Education, and Housing Opportunity Act of 1989 - Title I: Establishment of the Citizens Corps - Establishes the Citizens Corps, which shall provide the following national service options: (1) Civilian Service; (2) Service in the Armed Forces; and (3) Senior service.
Allows individuals to serve in the Civilian Service who: (1) are age 17 or over; (2) have received a high school diploma or its equivalent; and (3) are U.S. citizens or permanent residents.
Allows individuals to be eligible to enlist for service in the armed forces as Citizen Corps members (subject to existing personnel requirements of the armed forces) who: (1) have received a high school diploma or its equivalent; (2) satisfy applicable enlistment requirements; and (3) satisfy other eligibility criteria established by the Secretary of Defense.
Allows individuals to serve in the Senior Service who: (1) are age 65 or over; and (2) meet eligibility criteria established by the Corporation for National Service.
Makes Civilian Service one year of full-time national service, with the option of requesting an additional year. Makes Armed Forces Service either: (1) two years of active duty in the armed forces, two years in the Selected Reserve of a reserve component, and four years in the Individual Ready Reserve; or (2) eight years in the Selected Reserve of a reserve component. Makes the Senior Service for such time period as the Corporation for National Service allows and either full- or part-time.
Provides that Civilian Service or Senior Service members may perform national service to meet the unmet needs of a State, local government, or other community. Allows such service to include educational service, human service, conservation service, public safety service in support of the criminal justice system, and service in existing national programs (such as the Peace Corps and VISTA).
Directs the Secretary of Defense to designate appropriate national service positions for Citizens Corps members serving in the armed forces.
Sets forth application requirements for Civilian Service and Senior Service. Directs the Secretary of Defense to establish a system to enlist individuals for service in the Armed Forces as Citizens Corps members.
Title II: Administration of the Citizens Corps - Subtitle A: Administration of the Civilian Service and Senior Service - Makes the Corporation for National Service responsible for administering the Civilian Service and Senior Service of the Citizens Corps.
Establishes the Corporation for National Service (CNS) as a nonprofit corporation which shall not be considered an agency or establishment of the U.S. Government. Makes the CNS subject to this Act and, if consistent with this Act, the District of Columbia Nonprofit Corporation Act.
Directs CNS to establish: (1) types and amounts of allowances and support for Civilian and Senior Service members; (2) appropriate types of national service activities for such members; (3) procedures to monitor provision of financial assistance under title III of this Act to assure that Citizens Corps members and graduates faithfully perform and complete their service; (4) procedures to examine the effect of such national service on the availability and terms of employment in an area; and (5) rates of pay, eligibility criteria, and terms of service for Senior Service members.
Directs CNS to make general grants, pursuant to a specified allocation formula, to assist States in: (1) paying civilian and senior service member stipends and wages; (2) providing and administering national service opportunities for such members; and (3) making grants to national service councils in each State.
Authorizes CNS to make supplemental grants during a fiscal year to: (1) States which have an unusual increase in Civilian and Senior Service members (excluding those serving with Federal agencies) in such fiscal year; and (2) Federal agencies, to assist them in placing Civilian and senior Service members for such fiscal year.
Directs CNS also to: (1) serve as a clearinghouse for national service opportunities information; (2) assist States in placing applicants in out-of-State positions, if they are unable to place them in within-State positions; (3) assist Federal agencies in acquiring national service participants; (4) investigate claims of abuses in placement or administration; and (5) issue rules for administering and monitoring service performance and provision of service opportunities.
Subtitle B: Provision of National Service Positions for Members of the Civilian Service and Senior Service - Directs each State Governor to: (1) prepare a national service plan for the State, specifying priorities; and (2) designate volunteer service areas in the State.
Requires each volunteer service area to have a national service council.
Requires such councils to: (1) recruit and place volunteers; (2) prepare and implement a plan for such purposes; (3) provide oversight; and (4) perform other duties.
Conditions provision of funds to a national service council upon its certification and on approval of its volunteer recruitment and placement plan.
Requires councils to consider agency effectiveness and community-basing in selecting service sponsors, i. e. the public agencies or public or nonprofit organizations with which the Civilian or Senior Service members are placed.
Requires the Council to take measures to prevent worker displacement. Requires each State to establish grievance procedures for resolving complaints of regular employees or their representatives that placement of Service members violates such prohibitions of worker displacement. Provides for appeal of State decisions under such procedures to CNS.
Authorizes CNS to require private nonprofit corporations to pay to CNS up to $1,000 per Service member placed in a position with such organization. Provides for reduction of such payment to reflect part-time or less than full-year service.
Subtitle C: Deferred Placement of Members of the Civilian Service - Directs CNS to establish a Deferred Placement Program for Civilian Service members by which individuals eligible to serve may, before placement for a term of service, receive specified financial assistance provided for Civilian Service members to help them pursue a program of education or training at an educational institution or training establishment.
Sets forth the following provisions for the Deferred Placement Program: (1) conditions of eligibility to participate; (2) a competitive selection process for acceptance; (3) limitations on the use of such assistance; (4) reductions of subsequent assistance; (5) placement upon completion of education or training; and (6) liability for breach of contract.
Subtitle D: Administration of the Citizens Corps with regard to Service in the Armed Forces - Makes the Secretary of Defense responsible for administering the Citizens Corps with regard to service by Citizens Corps members in the armed forces and to issue rules for such purpose within 60 days.
Title III: Benefits for Participating in the Citizens Corps - Requires States and Federal agencies to provide $100 per week stipends to Civilian Service members. Requires CNS to provide such members with health insurance. Authorizes CNS to provide other appropriate support assistance.
Requires States and Federal agencies to pay an hourly wage determined by CNS to Senior Service members. Authorizes CNS to provide other appropriate support assistance.
Requires that Citizens Corps members serving in the armed forces receive 66 percent of the rate applicable to other armed forces members of the same pay grade and years of service, for their basic pay and basic allowances for subsistence and quarters. Makes such Citizens Corps members and graduates ineligible for specified benefits for other members and veterans of the armed forces.
Establishes certain educational and housing benefits for those who complete Citizens Corps service in the Civilian Service or in the armed forces. Provides that such financial benefits shall be to assist such individuals to: (1) pursue a program of education or training at an educational institution or training establishment; or (2) purchase or construct a dwelling to be owned and occupied by such individuals as their primary residence. Excludes such assistance from gross income for income tax purposes.
Sets the amount of such education and housing benefits for Civilian Service at not to exceed $10,000 for each year of the term of service completed. Allows CNS to provide portions of such assistance to individuals who are released from such service for just cause.
Sets the amount of such education and housing benefits for Citizens Corps service in the armed forces at: (1) not to exceed $24,000 for completion of two years honorable service on active duty, if the member agrees to complete the honorable service obligation selected; and (2) not to exceed $12,000 for each year of satisfactory participation in training in the Selected Reserve, if the member agrees to complete the honorable service obligation selected. Allows the Secretary of Veterans Affairs to provide portions of such assistance to Citizens Corps members released with an honorable discharge from completing a service obligation in the armed forces.
Excludes such education or housing assistance from gross income for Federal income tax purposes, but requires that it be considered when determining family contribution for purposes of a financial need analysis under student aid provisions of the Higher Education Act of 1965.
Limits the use of such assistance to the ten-year period after completion of service, unless it is determined that an individual was unavoidably prevented from using such assistance during such time period.
Directs the Secretary of Veterans Affairs to establish a system to recoup education or housing assistance used by a member of the Citizen Corps serving in the armed forces or a reserve component in cases in which the individual fails to honorably complete the required service obligation. Provides that the amount thus recouped be calculated and collected in the same manner as in breach of contract cases under the Deferred Placement Program.
Sets forth biennial joint reporting requirements for CNS and the Secretary of Veterans Affairs regarding the provision of education and housing benefits.
Title IV: Miscellaneous Provisions - Entitles individuals who successfully complete terms of service in the Peace Corps or VISTA to educational and housing benefits. Provides that entitlement to benefits shall be in the same manner as for a member of the Civilian Service, even though such individuals are not members of such Service; but reduces such benefits to reflect the amount of compensation received by such volunteers over and above the amount of the stipend for Civilian Service members.
Authorizes appropriations.
HR 2084 IH 101st CONGRESS 1st Session H. R. 2084 To establish a corporation to administer a program of voluntary national service, and for other purposes. IN THE HOUSE OF REPRESENTATIVES April 25, 1989 Mrs. KENNELLY introduced the following bill; which was referred jointly to the Committees on Education and Labor, Armed Services, Veterans' Affairs, and Foreign Affairs A BILL To establish a corporation to administer a program of voluntary national service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `National Service, Education, and Housing Opportunity Act of 1989'. SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Purposes. Sec. 4. Definitions. TITLE I--ESTABLISHMENT OF THE CITIZENS CORPS Sec. 101. Establishment of the Citizens Corps. Sec. 102. Eligibility. Sec. 103. Terms of service. Sec. 104. Types of national service. Sec. 105. Application for national service. TITLE II--ADMINISTRATION OF THE CITIZENS CORPS Subtitle A--Administration of the Civilian Service and Senior Service Sec. 201. Administration of the Civilian Service and Senior Service. Sec. 202. Establishment of Corporation; application of District of Columbia Nonprofit Corporation Act. Sec. 203. Board of Directors. Sec. 204. Officers and employees. Sec. 205. Nonprofit and nonpolitical nature of the Corporation. Sec. 206. Duties of the Corporation. Sec. 207. Eligibility for general grants. Sec. 208. Allocation of funds. Sec. 209. Reports. Subtitle B--Provision of National Service Positions for Members of the Civilian Service and Senior Service Sec. 221. Establishment of volunteer service areas. Sec. 222. Establishment of national service councils. Sec. 223. Duties of national service councils. Sec. 224. Volunteer recruitment and placement plan. Sec. 225. Review and approval of plan. Sec. 226. Service sponsors. Subtitle C--Deferred Placement of Members of the Civilian Service Sec. 231. Deferred Placement Program. Sec. 232. Eligibility to participate in Program. Sec. 233. Acceptance. Sec. 234. Limitation on the use of assistance; reduction of subsequent assistance. Sec. 235. Placement. Sec. 236. Breach of contract. Subtitle D--Administration of the Citizens Corps with regard to Service in the Armed Forces Sec. 241. Administration of the Citizens Corps with regard to service in the Armed Forces. Sec. 242. Deferred enlistment. Sec. 243. Reports. TITLE III--BENEFITS FOR PARTICIPATING IN THE CITIZENS CORPS Sec. 301. Stipend and support services for members of the Civilian Service and Senior Service. Sec. 302. Compensation for members of the Citizens Corps serving in the Armed Forces. Sec. 303. Educational and housing benefits for members of the Civilian Service of the Citizens Corps. Sec. 304. Educational and housing benefits for members of the Citizens Corps serving in the Armed Forces. Sec. 305. Provision of educational benefits. Sec. 306. Provision of housing benefits. Sec. 307. Exclusion of assistance from gross income. Sec. 308. Time limitation on the use of assistance. Sec. 309. Recoupment of assistance. Sec. 310. Reports. TITLE IV--MISCELLANEOUS PROVISIONS Sec. 401. Educational and housing benefits for participants in the Peace Corps and VISTA. Sec. 402. Authorization of appropriations. Sec. 403. Effective date. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to renew the ethic of civic obligation in the United States and spread the responsibilities of citizenship more equitably; (2) to expand opportunities for young people in the United States to-- (A) pursue educational, vocational, and professional objectives after secondary school; and (B) purchase affordable housing; (3) to mobilize young people and senior Americans to deal with pressing social problems in the United States, including health, education, literacy, child care, hunger, housing, and homelessness; (4) to give senior Americans the opportunity to use their special skills and experience to-- (A) provide national service; and (B) assist the Corporation for National Service and national service councils in administering national service programs; (5) to strengthen national defense by-- (A) encouraging more young people to volunteer for service in the active and reserve components of the Armed Forces; (B) making the composition of the Armed Forces more representative of the country at large; and (C) assisting the Armed Forces in meeting their personnel goals; and (6) to give young people the experience, self-discipline, and self-confidence they need to overcome barriers to opportunity. SEC. 4. DEFINITIONS. For purposes of this Act: (1) The term `active duty' has the meaning given to such term in section 101(22) of title 10, United States Code. (2) The term `area' means a volunteer service area. (3) The term `Armed Forces' has the meaning given to such term in section 101(4) of title 10, United States Code. (4) The term `Board' means the Board of Directors of the Corporation for National Service. (5) The term `community service' means service of the type described in section 104(a) and such other services essential and necessary to the community as the Corporation, by rule, may prescribe. (6) The term `Corporation' means the Corporation for National Service. (7) The term `council' means a national service council. (8) The term `educational institution' means a vocational school (including a technical school) or institution of higher learning. (9) The term `Governor' means the chief executive officer of a State. (10) The term `Individual Ready Reserve' means that portion of the Ready Reserve not in a Selected Reserve. (11) The term `institution of higher learning' has the meaning given to such term in section 1652(f) of title 38, United States Code. (12) The term `local government' means a general purpose political subdivision of a State which has the power to levy taxes and spend funds, as well as general corporate and police powers. (13) The term `nonprofit organization' means an organization-- (A) described in section 501(c) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)); and (B) exempt from taxation under section 501(a) of such Code (26 U.S.C. 501(a)). (14) The term `Program' means the Deferred Placement Program for Members of the Civilian Service. (15) The term `program of education or training' means any curriculum or any combination of unit courses or subjects pursued at an educational institution or training establishment which is generally accepted as necessary to fulfill requirements for the attainment of a predetermined and identified educational, professional, or vocational objective. Such term also means any curriculum of unit courses or subject pursued at an educational institution or training establishment which fulfills requirements for the attainment of more than one predetermined and identified educational, professional, or vocational objective if the objectives pursued are generally recognized as being reasonably related to a single career field. (16) The term `Ready Reserve' means the Ready Reserve described in section 268(a) of title 10, United States Code. (17) The term `reserve component' has the meaning given to such term in 101(24) of title 37, United States Code. (18) The term `school dropout' has the meaning established for such term by the Secretary of Education under section 6201(a) of the Elementary and Secondary Education Act of 1964 (20 U.S.C. 3271(a)). (19) The term `Secretary concerned' has the meaning given to such term in section 101(8) of title 10, United States Code. (20) The term `Selected Reserve' means the Selected Reserve described in section 268(b) of title 10, United States Code. (21) The term `senior' means an individual who is age 65 or over and willing to work full- or part-time in national service. (22) The term `State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of Marshall Islands, or any territory and possession of the United States. (23) The term `training establishment' has the meaning given to such term in section 1652(e) of title 38, United States Code. (24) The term `vocational school' has the meaning given to such term in section 435(c) of the Higher Education Act of 1965 (20 U.S.C. 1085(c)). TITLE I--ESTABLISHMENT OF THE CITIZENS CORPS SEC. 101. ESTABLISHMENT OF THE CITIZENS CORPS. There is established the Citizens Corps which shall provide the following national service options: (1) Civilian Service. (2) Service in the Armed Forces. (3) Senior Service. SEC. 102. ELIGIBILITY. (a) CIVILIAN SERVICE- (1) An individual may serve in the Civilian Service of the Citizens Corps if such individual-- (A) is age 17 or over; (B)(i) has received a high school diploma or the equivalent of a high school diploma; or (ii) is a school dropout; and (C) is a citizen of the United States or lawfully admitted for permanent residence. (2) An individual who is a school dropout may serve in the Civilian Service of the Citizens Corps only if such individual enters into an agreement with the national service council involved to pursue during the term of service of such individual a course of study, approved by the appropriate State agency, to earn the equivalent of a high school diploma. (b) SERVICE IN THE ARMED FORCES- Subject to the then existing personnel requirements of the Armed Forces, an individual shall be eligible to enlist for service in the Armed Forces as a member of the Citizens Corps if such individual-- (1) satisfies the applicable requirements for enlistment in the Armed Forces specified in chapter 31 of title 10, United States Code; and (2) satisfies such other eligibility criteria established by the Secretary of Defense by rule. (c) SENIOR SERVICE- An individual may serve in the Senior Service of the Citizens Corps if such individual-- (1) is a senior; and (2) meets the eligibility criteria for service in the Senior Service established by the Corporation for National Service. SEC. 103. TERMS OF SERVICE. (a) CIVILIAN SERVICE- (1) An individual serving in the Civilian Service of the Citizens Corps shall agree to perform full-time national service in such service for a 1-year term. (2) A member of the Civilian Service of the Citizens Corps serving a 1-year term of service may request the extension of such term for an additional year. The Corporation shall issue rules specifying the procedure for making, and considering, such a request. (b) SERVICE IN THE ARMED FORCES- An individual enlisting for service in the Armed Forces as a member of the Citizens Corps shall select one of the following service obligations in the Armed Forces: (1) Two years of active duty in the Armed Forces, 2 years in the Selected Reserve of a reserve component, and 4 years in the Individual Ready Reserve. (2) Eight years in the Selected Reserve of a reserve component. (c) SENIOR SERVICE- An individual may serve in the Senior Service of the Citizens Corps-- (1) for such period of time as allowed by the Corporation for National Service; and (2) for either full- or part-time service. SEC. 104. TYPES OF NATIONAL SERVICE. (a) CIVILIAN SERVICE AND SENIOR SERVICE- An individual serving in the Civilian Service or Senior Service of the Citizens Corps may perform national service to meet the unmet service needs of a State, local government or other community. Such national service may include the following types of service: (1) Educational service, such as literacy and numeracy programs, Head Start, tutorial assistance, and service in schools, libraries, and adult education centers. (2) Human service, such as-- (A) service in hospitals, hospices, clinics, community health centers, homes for the elderly, and child-care centers; and (B) service in programs to assist the elderly, poor, and homeless, including programs to build, restore, and maintain housing for the poor and homeless. (3) Conservation service, such as service in programs to conserve, maintain, and restore natural resources in the urban and rural environment, provide recreational opportunities, and encourage community betterment or beautification. (4) Public Safety service in support of the criminal justice system, including police, courts, prisons, and border patrol. (5) Service in existing national programs, such as referral and placement in the Peace Corps and VISTA. (b) SERVICE IN THE ARMED FORCES- The Secretary of Defense shall designate by rule appropriate national service positions for members of the Citizens Corps serving in the Armed Forces. SEC. 105. APPLICATION FOR NATIONAL SERVICE. (a) CIVILIAN SERVICE AND SENIOR SERVICE- (1) To serve in the Civilian or Senior Service of the Citizens Corps, an individual shall submit an application (in such form and containing such information as the Corporation shall require by rule) to a national service council established under section 222 for a volunteer service area in the State in which the applicant is a resident. (2) For purposes of paragraph (1), an individual shall be considered a resident of a State if such individual has resided in such State for the majority of the 1-year period immediately preceding the date of such application. The Corporation on an individual basis may waive this residency requirement. (3) Upon the receipt of an application, the national service council may place the applicant in a national service position in the area taking into consideration the preference and skills of the applicant and the needs of the area. (4) If the area does not have a national service position available for the applicant, or the council determines (after consultation with the applicant) that the applicant is better qualified for a position outside of the area, the council may refer the applicant for placement to another national service council or a Federal, State, or local government agency accepting members of the Citizens Corps. (5) For purposes of Federal laws authorizing a Federal agency to accept the services of a volunteer, an applicant placed with an agency described in paragraph (4) shall be considered a volunteer. (b) SERVICE IN THE ARMED FORCES- The Secretary of Defense shall establish a system to enlist individuals for service in the Armed Forces as members of the Citizens Corps. TITLE II--ADMINISTRATION OF THE CITIZENS CORPS Subtitle A--Administration of the Civilian Service and Senior Service SEC. 201. ADMINISTRATION OF THE CIVILIAN SERVICE AND SENIOR SERVICE. The Corporation for National Service shall be responsible for administering the Civilian Service and Senior Service of the Citizens Corps. SEC. 202. ESTABLISHMENT OF CORPORATION; APPLICATION OF DISTRICT OF COLUMBIA NONPROFIT CORPORATION ACT. (a) ESTABLISHMENT- There is established a nonprofit corporation, to be known as the `Corporation for National Service', which shall not be considered an agency or establishment of the United States Government. (b) APPLICATION OF DISTRICT OF COLUMBIA NONPROFIT CORPORATION ACT- The Corporation shall be subject to this Act, and to the extent consistent with this Act, to the District of Columbia Nonprofit Corporation Act. SEC. 203. BOARD OF DIRECTORS. (a) APPOINTMENT- (1) The Corporation shall have a Board of Directors, consisting of 11 members appointed by the President, by and with the advice and consent of the Senate. (2) No more than 6 members of the Board appointed by the President may be members of the same political party. (3) Three of the members shall be appointed from individuals nominated by the Speaker of the House of Representatives, and 3 of the members shall be appointed from individuals nominated by the majority leader of the Senate. (b) QUALIFICATIONS- The members of the Board-- (1) shall be selected from among citizens of the United States who are eminent in such fields as community service, education, civic affairs, business, labor, or military service; and (2) shall be selected so as to provide as nearly as practicable a broad representation of various regions of the United States, various professions and occupations, and a variety of talent and experience appropriate for the performance of the functions and responsibilities of the Corporation. (c) INCORPORATION- The members of the initial Board of Directors shall serve as incorporators and shall take whatever actions are necessary to incorporate the Corporation under the District of Columbia Nonprofit Corporation Act. (d) TERM OF OFFICE- The term of office of each member of the Board shall be 7 years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor of such member was appointed shall be appointed for the remainder of such term. No member of the Board shall be eligible to serve more than 2 consecutive terms of 7 years each. (e) VACANCY- A vacancy in the Board shall not affect its power and shall be filled in the same manner as the original appointment. (f) MEETINGS- A member of the Board shall attend not less than 50 percent of all duly convened meetings of the Board in any calendar year. A member who fails to meet the requirement of the preceding sentence shall forfeit membership, and the President shall appoint a new member to fill such vacancy (as provided in subsection (e)) not later than 30 days after such vacancy is determined by the Chairman of the Board. (g) ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON- Members of the Board shall annually elect one of their members to be Chairperson and elect one or more of their members as a Vice Chairperson. (h) COMPENSATION OF BOARD MEMBERS- (1) A member of the Board shall not, by reason of such membership, be considered to be an officer or employee of the United States. (2) Except as provided in paragraphs (3) and (4), a member of the Board shall-- (A) while attending meetings of the Board or while engaged in duties related to such meetings or other activities of the Board, be entitled to receive compensation at the rate of $150 per day, including travel time; and (B) while away from their homes or regular places of business, be allowed travel and actual, reasonable, and necessary expenses. (3) No member of the Board shall receive compensation under paragraph (2) of more than $10,000 in any fiscal year. (4) A member of the Board who is a full-time officer or employee of the United States shall receive no additional pay, allowances, or benefits by reason of membership. SEC. 204. OFFICERS AND EMPLOYEES. (a) IN GENERAL- (1) The Corporation shall have a President, and such other officers and employees as may be named and appointed by the Board for terms and at rates of compensation fixed by the Board, except that no officer or employee of the Corporation may receive compensation at an annual rate of pay that exceeds the rate of basic pay payable from time to time for level I of the Executive Schedule under section 5312 of title 5, United States Code. (2) Only a citizen of the United States may serve as an officer of the Corporation. (3) No officer or employee of the Corporation may receive any salary or other compensation from any source other than the Corporation for services performed for the Corporation. (4) All officers and employees shall serve at the pleasure of the Board. (b) EMPLOYMENT OF SENIOR SERVICE MEMBERS- In selecting employees, the Board is encouraged to include members of the Senior Service of the Citizens Corps. SEC. 205. NONPROFIT AND NONPOLITICAL NATURE OF THE CORPORATION. (a) LIMITATIONS ON POWERS- (1) The Corporation shall have no power to issue any shares of stock or to declare or pay any dividends. (2) No part of the income or assets of the Corporation shall inure to the benefit of any director, officer, employee, or any other individual except as salary or reasonable compensation for services. (b) NONPOLITICAL NATURE OF CORPORATION- The Corporation may not contribute to or otherwise support any political party or candidate for elective public office. SEC. 206. DUTIES OF THE CORPORATION. (a) POLICY- The Corporation shall by rule-- (1) establish the types and amounts of allowances and support authorized for members of the Civilian and Senior Services under section 301; (2) specify the types of national service activities appropriate for members of the Civilian and Senior Services; (3) establish a procedure to monitor the provision of financial assistance under title III to assure that-- (A) graduates of the Citizens Corps faithfully completed their terms of service before receiving such assistance; and (B) members of the Citizens Corps receiving such assistance during their terms of service faithfully perform national service; (4) establish a procedure for examining the effect that national service under this Act has on the availability and terms of employment of employees in the volunteer service area where such service is performed; and (5) establish the rates of pay, eligibility criteria, and terms of service for members of the Senior Service. (b) GENERAL GRANTS- Pursuant to the allocation formulas specified in section 208, the Corporation shall make grants to States to assist such States-- (1) in paying stipends and wages under section 301; (2) in providing and administering national service opportunities in each State for members of the Civilian and Senior Services; and (3) in making grants to national service councils in each State to carry out their duties under this Act. (c) SUPPLEMENTAL GRANTS- (1) The Corporation may make grants during a fiscal year-- (A) to a State which the Corporation determines has an unusual increase in the number of members of the Civilian and Senior Services (excluding members serving with Federal agencies) in such State for such fiscal year; and (B) to a Federal agency to assist such agency in accepting or placing members of the Civilian and Senior Services for such fiscal year. (2) To be eligible for a grant under paragraph (1), a Federal agency or State shall submit to the Corporation an application-- (A) in such form and at such time as the Corporation may require by rule; (B) containing, in the case of an application submitted by a State, the assurances specified in section 207(a)(4); and (C) containing such information as the Corporation may require by rule. (d) OTHER DUTIES- The Corporation shall-- (1) serve as a clearinghouse for information on national service opportunities in the United States; (2) assist a State in placing applicants outside of such State if the State is unable to place the applicant in a position in the State; (3) assist Federal agencies in acquiring participants for national service positions in the Federal Government; (4) receive and investigate claims of abuses in the placement of participants or the administration of national service opportunities by a State, national service council, or service provider; (5) issue rules for administering and monitoring the performance of national service, and the provision of national service opportunities, under this Act; and (6) encourage educational institutions to award academic credit to former members of the Citizen Corps for their participation in the Citizen Corps. (e) RECORDS- The Corporation shall keep accurate and complete records of its activities and transactions. Such records shall be made available for audit and examination by the Comptroller General of the United States or duly authorized representatives of the Comptroller General. (f) APPLICATION OF THE ADMINISTRATIVE PROCEDURE ACT- In carrying out its duties under this Act, the Corporation shall be subject to subchapter II of chapter 5 of title 5, United States Code, and chapter 7 of such title in the same manner as an agency under section 551(1) of such title. SEC. 207. ELIGIBILITY FOR GENERAL GRANTS. (a) APPLICATION REQUIRED- To be eligible for a grant under section 206(b), a State shall submit to the Corporation an application-- (1) in such form and at such time as the Corporation may require by rule; (2) describing-- (A) each volunteer service area in such State; (B) the method by which members of the Civilian and Senior Services will be placed in national service positions in the State; (C) the anticipated number of such members during such term as the Corporation may require; (D) the training and support services that will be provided such members; and (E) the method by which service sponsors will be selected and the requirements imposed on such sponsors; (3) providing copies of all volunteer recruitment and placement plans prepared for the State or a portion thereof for the period covered by such application; (4) containing assurances by such State that for the period covered by the application-- (A) the State will use non-Federal funds to pay not less than 25 percent of the cost (including the cost of stipends, wages, and allowances provided by the State under section 301) of providing and administering national service positions in the State for members of the Civilian and Senior Services (other than members placed with Federal agencies); and (B) the State will maintain State expenditures for community service programs operated by the State on the effective date of this Act at a level equal to not less than the average level of such expenditures maintained by the State for the 2-fiscal year period immediately preceding the effective date of this Act; and (5) containing such information as the Corporation may require by rule. (b) EXCEPTION TO MATCHING FUNDS REQUIREMENT- A State may offset against the matching funds requirement specified in subsection (a)(4)(A) not more than 50 percent of the administrative costs incurred by the State in administering community service programs for young people operated by the State on the effective date of this Act. (c) WAIVER OF REQUIREMENT TO MAINTAIN EXPENDITURES- The Corporation may, upon the request of a State, waive the requirement specified in subsection (a)(4)(B) that the State maintain expenditures for community service programs if the Corporation determines that extraordinary economic conditions in the State justify the waiver. SEC. 208. ALLOCATION OF FUNDS. (a) TRANSITIONAL ALLOCATIONS- For each fiscal year during the 5-year period beginning on the effective date of this Act, the Corporation shall make a grant to an eligible State in an amount that bears the same ratio to the sums appropriated for grants under section 206(b) for such fiscal year as the anticipated average number of members in the Civilian and Senior Services (as determined by the Corporation and excluding anticipated members serving with Federal agencies) in such State for such fiscal year bears to the anticipated average number of such members in all States for such fiscal year. (b) SUBSEQUENT ALLOCATIONS- For each fiscal year beginning after the end of the 5-year period referred to in subsection (a), the Corporation shall make a grant to an eligible State in an amount that bears the same ratio to the sums appropriated for grants under section 206(b) for such fiscal year as the average number of members in the Civilian and Senior Services (excluding members serving with Federal agencies) in such State for the preceding fiscal year bears to the average number of such members in all States for the preceding fiscal year. SEC. 209. REPORTS. (a) REQUIRED- On or before May 15 of each calendar year, the Corporation shall submit to the President a report on the operation of the Civilian Service and the Senior Service of the Citizens Corps and the activities of the Corporation during the fiscal year ending September 30 of the preceding calendar year, and the President shall transmit such report to the Congress. (b) CONTENT OF REPORT- (1) Each report shall include a comprehensive and detailed description of the operations, activities, financial condition, and accomplishments of the Corporation under this Act during the fiscal year covered by such report and such recommendations as the Corporation considers appropriate. (2) In the first 5 reports submitted under subsection (a), the Corporation shall specify-- (A) the anticipated number of national service positions that will be available for members of the Civilian Service and Senior Service of the Citizens Corps in the fiscal year beginning in the calendar year in which such report is submitted; and (B) the anticipated cost of operating the Civilian Service and Senior Service for such fiscal year. Subtitle B--Provision of National Service Positions for Members of the Civilian Service and Senior Service SEC. 221. ESTABLISHMENT OF VOLUNTEER SERVICE AREAS. (a) PLAN AND DESIGNATION REQUIRED- The Governor of each State shall-- (1) prepare a national service plan for the State, which shall specify priorities in the State for providing national service opportunities for members of the Civilian and Senior Services of the Citizens Corps; and (2) pursuant to such plan, designate volunteer service areas for the State, each of which-- (A) is comprised of the State or one or more jurisdictions of units of general local government; (B) will promote effective provision of national services; and (C) is consistent with other designated areas in which related services are provided under other Federal or State programs. (b) CONSULTATION- Before preparing the national service plan or designating (or redesignating) a volunteer service area under subsection (a), the Governor shall consult with-- (1) appropriate State and local government officials; (2) representatives of community service organizations, educational institutions, business organizations, and organized labor; and (3) other affected persons or organizations in the area. (c) REDESIGNATION- (1) Effective after the 2-year period beginning on the date the Governor first designates volunteer service areas under subsection (a), the Governor may redesignate such areas in accordance with such subsection. (2) Notwithstanding paragraph (1), the Governor shall consider making such a redesignation at the request of the Corporation for National Service. SEC. 222. ESTABLISHMENT OF NATIONAL SERVICE COUNCILS. (a) COMPOSITION OF LOCAL COUNCILS- There shall be a national service council for each volunteer service area established under section 221. A council shall consist of-- (1) representatives of nonprofit community service organizations in the area who have substantial management or policy responsibility with such organizations; (2) representatives of local governments; (3) representatives of educational agencies and institutions, business concerns, rehabilitation agencies, community-based organizations, and economic development agencies in the area; and (4) representatives of organized labor. (b) CHAIRPERSON- The members of a council shall select one of the members to serve as chairperson of the council. (c) SELECTION OF MEMBERS- (1) Education representatives on a council shall be selected from among individuals recommended by local educational agencies, vocational education institutions, institutions of higher learning, or general organizations of such agencies or institutions, and by private and proprietary schools or general organizations of such schools, within the area. (2) Labor representatives shall be recommended by recognized State and local labor organizations or appropriate building trades councils. (3) The remaining members of a council shall be selected from individuals recommended by interested organizations. (d) METHOD OF SELECTION- (1) In any case in which there is only one unit of local government in the volunteer service area, the chief executive officer of such unit shall appoint members to the council from the individuals recommended under subsection (c). (2) In any case in which there are two or more such units of local government in the area, the chief executive officers of such units shall appoint members to the council from the individuals so recommended in accordance with an agreement entered into by such units of general local government. In the absence of such an agreement, the appointments shall be made by the Governor from the individuals so recommended. (e) NUMBER OF MEMBERS- (1) Except as provided in paragraph (2), the number of members of a council shall be determined by the council. (2) The initial number of members of a council shall be determined-- (A) by the chief executive officer in the case described in subsection (d)(1); (B) by the chief executive officers in accordance with the agreement in the case described in subsection (d)(2); or (C) by the Governor in the absence of such agreement. (f) TERMS- Members shall be appointed for fixed and staggered terms and may serve until their successors are appointed. Any vacancy in the membership of the council shall be filled in the same manner as the original appointment. Any member of the council may be removed by the council for cause in accordance with procedures established by the council. (g) CERTIFICATION OF COUNCIL- (1) The Governor shall certify a council if the Governor determines that its composition and appointments are consistent with the provisions of this section. Such certification shall be made or denied within 30 days after the date on which the Governor receives a list of council members and any supporting documentation the Governor considers necessary. (2) If the Governor denies certification, the Governor shall-- (A) inform the chief executive officer or officers submitting the list and documentation of the reasons for denial; and (B) provide for the review of any revised list and documentation. (3) Upon certification, a council-- (A) shall be convened within 30 days by the officer or officers who made the appointments to such council under subsection (d); and (B) may receive funds, consistent with section 224, to carry out the duties of the council under this Act. SEC. 223. DUTIES OF NATIONAL SERVICE COUNCILS. (a) RECRUITMENT AND PLACEMENT OF VOLUNTEERS- A national service council shall-- (1) accept applications from individuals seeking to serve in the Civilian Service and Senior Service of the Citizens Corps; and (2) place such individuals in national service positions consistent with the volunteer recruitment and placement plan of such council and section 104. (b) PREPARATION AND IMPLEMENTATION OF VOLUNTEER RECRUITMENT AND PLACEMENT PLAN- The council shall be responsible for preparing and implementing the volunteer recruitment and placement plan required under section 224. (c) OVERSIGHT- The council shall provide policy guidance for, and exercise oversight (including review, monitoring, auditing, and evaluation) with respect to activities under the volunteer recruitment and placement plan for the volunteer service area of such council. (d) OTHER DUTIES- (1) In order to carry out its duties under this Act, a council-- (A) shall, in accordance with the volunteer recruitment and placement plan, prepare, and approve a budget for such council; (B) may hire staff or contract for services from nonprofit organizations; and (C) may solicit and accept contributions and grant funds (from public and private sources). (2) In hiring staff under paragraph (1), a council is encouraged to include members of the Senior Service of the Citizens Corps. SEC. 224. VOLUNTEER RECRUITMENT AND PLACEMENT PLAN. (a) CONDITION FOR RECEIVING FUNDS- No funds appropriated for any fiscal year may be provided under this Act to a national service council-- (1) unless such council is certified pursuant to section 222(g); and (2) except pursuant to an approved volunteer recruitment and placement plan prepared by such council for a period of 2 fiscal years including the fiscal year for which such funds are provided. (b) PREPARATION OF PLAN- When preparing a volunteer recruitment and placement plan, a council shall consult the national service plan for the State prepared by the Governor under section 221. (c) CONTENTS OF PLAN- Each volunteer recruitment and placement plan shall-- (1) identify the national service council that will administer the plan and is to be the grant recipient of funds from the State; (2) describe the national services to be provided, including the extent such services reflect the priorities contained in the national service plan for the State; (3) contain procedures for recruiting and placing members of the Citizens Corps; (4) describe the support services to be provided to members of the Citizens Corps, including the types of assistance to be provided to members who are school dropouts to assist such members earn the equivalent of a high school diploma; (5) contain procedures, consistent with section 226, for selecting service sponsors, including procedures for council consideration of the past performance of each service sponsor in national services or related activities, fiscal accountability, and ability to meet performance standards; (6) contain the budget for the council for the 2-fiscal year period covered by such plan; (7) contain fiscal control, accounting, audit and debt collection procedures that assure the proper disbursal of, and accounting for, funds received under this Act; and (8) provide for the council to submit to the Governor an annual report that includes a description of-- (A) activities conducted during the fiscal year covered by such report; (B) service sponsors in the volunteer service area; (C) the number of members of the Citizens Corps placed by such council, including the number of members who are school dropouts; and (D) the extent to which the activities exceeded or failed to meet relevant performance standards established by the Corporation. (d) MODIFICATION OF PLAN- If changes in the national service needs of the volunteer service area, funding, or other factors require substantial deviation from an approved plan, the national service council may submit a modification of such plan, which shall be subject to review in accordance with section 225. SEC. 225. REVIEW AND APPROVAL OF PLAN. (a) PUBLICATION OF PROPOSED PLAN- Not later than 120 days before the beginning of the 2-fiscal year period covered by a proposed volunteer recruitment and placement plan, the council shall-- (1) publish the proposed plan or a summary thereof; and (2) make such plan available for public review and comment. (b) SUBMISSION OF PLAN- (1) Not later than 80 days before the beginning of the 2-fiscal year period covered by a proposed volunteer recruitment and placement plan, the council shall submit such plan to the Governor. (2) Any modification of such plan shall be published and submitted to the Governor not later than 80 days before it is to be effective. (c) REVIEW- (1) The Governor shall approve the volunteer recruitment and placement plan (or modification thereof) unless the Governor finds that-- (A) corrective measures for deficiencies found in audits or in meeting performance standards from previous years have not been taken or are not being acceptably implemented; (B) the council does not have the capacity to administer the funds; (C) there are inadequate safeguards for the protection of funds received; or (D) the plan (or modification) does not comply with this Act or a rule of the Corporation. (2) The Governor shall approve or disapprove a volunteer recruitment and placement plan (or modification) within 30 days after the date that the plan (or modification) is submitted. (3) If the Governor disapproves a plan, the Governor shall-- (A) inform the council of the reasons for such disapproval; (B) provide for the review of any revised plan; and (C) take such steps as the Governor considers necessary to provide for the recruitment and placement of members of the Civilian and Senior Services in the volunteer service area affected by such disapproval. SEC. 226. SERVICE SPONSORS. (a) SELECTION OF SERVICE SPONSORS- Subject to subsection (b), in placing a member of the Civilian Service or Senior Service of the Citizens Corps with a public agency or public or nonprofit organization, the council shall give primary consideration to the effectiveness of the agency or organization in delivering community services and shall give appropriate consideration to the extent to which the agency or organization is a community-based service sponsor. The council shall determine the effectiveness of an agency or organization on the basis of the agency's or organization's demonstrated performance with regard to attaining performance goals, reducing costs, and retaining members of the Citizen Corps placed with such agency or organization. (b) PREVENTION OF WORKER DISPLACEMENT- In placing a member of the Civilian Service or Senior Service of the Citizens Corps with a public agency or public or nonprofit organization, the council shall take appropriate measures to assure that such placement shall not result in-- (1) the displacement of any currently employed worker or position (including partial displacement such as a reduction in the hours of nonovertime work, wages, or employment benefits), or result in the impairment of existing contracts for services or collective bargaining agreements; (2) such member filling a position with such agency or organization when-- (A) any other individual is on layoff from the same or any equivalent position with such agency or organization; or (B) the employer has terminated the employment of any regular employee or otherwise reduced the workforce of such employer with the effect of filling the vacancy so created with such member; or (3) any infringement of the opportunities of any currently employed individual for promotion. (c) GRIEVANCE PROCEDURE- (1) Each State shall establish and maintain a grievance procedure for resolving complaints by regular employees or their representatives that the placement of a member of the Civilian Corps or Senior Corps under this Act violates any of the prohibitions described in subsection (b). (2) A decision of the State under such procedure may be appealed to the Corporation for investigation and such action as the Corporation may find necessary. (d) PAYMENTS BY PRIVATE NONPROFIT ORGANIZATION- (1) The Corporation may require a private nonprofit organization to pay to the Corporation an amount not to exceed $1000 per year for each member of the Civilian Service or Senior Service placed in a national service position with such organization. (2) The Corporation may reduce the payment required under paragraph (1) to reflect national service provided-- (A) for a period of less than a full year; or (B) in the case of a member of the Senior Service, as part-time service. (3) The Corporation shall share any payment received under paragraph (1) or (2) with the State that provides the stipend or wage to the member of the Citizen Corps so placed with a private nonprofit organization. The share paid to the State shall correspond to the matching funds requirement for the State as specified in section 207(a) and adjusted to reflect any offset under section 207(b). Subtitle C--Deferred Placement of Members of the Civilian Service SEC. 231. DEFERRED PLACEMENT PROGRAM. The Corporation shall establish a Deferred Placement Program for Members of the Civilian Service by which individuals who are eligible to serve in the Civilian Service of the Citizens Corps under section 102(a) may, before placement for a term of service, receive the financial assistance provided to members of the Civilian Service under section 303 to assist such individuals pursue a program of education or training at an educational institution or training establishment. SEC. 332. ELIGIBILITY TO PARTICIPATE IN PROGRAM. (a) IN GENERAL- An individual shall be eligible for selection as a participant in the Program if such individual-- (1) has received a high school diploma or its equivalent and otherwise meets the eligibility requirements contained in section 102(a); (2) is accepted for enrollment, or is enrolled, as a full-time student-- (A) in an accredited (as determined by the Corporation) educational institution or training establishment in a State; and (B) in a program of education or training offered by such institution or establishment and approved by the Corporation; (3) submits an application to participate in the Program; and (4) signs a written contract (described in subsection (b))-- (A) to accept financial assistance provided under this subtitle to assist such individual in such program of education or training; and (B) upon the completion of such program of education or training, to serve as a member of Civilian Service for the term of service corresponding to the amount of financial assistance received. (b) ELEMENTS OF CONTRACT- The written contract between the Corporation and a participant in the Program shall contain-- (1) an agreement that-- (A) subject to paragraph (2), the Secretary agrees-- (i) to provide the participant with financial assistance not to exceed $20,000 during the period in which such participant is pursuing a program of education or training described in subsection (a)(2)(B); and (ii) to accept (subject to the availability of appropriated funds for carrying out this subtitle) the participant into the Civilian Service of the Citizens Corps; and (B) subject to paragraph (2), the participant agrees-- (i) to accept provision of such financial assistance; (ii) to maintain enrollment in a program of education or training described in subsection (a)(2)(B) until the participant completes the program; (iii) while enrolled in such program of education or training, to maintain an acceptable level of academic standing (as determined under rules of the Corporation by the educational institution or training establishment offering such program); and (iv) to serve as a member of the Civilian Service for a time period equal to 1 year if the assistance provided is $10,000 or less or 2 years if the assistance provided is more than $10,000; (2) a provision that any financial obligation of the United States arising out of a contract entered into under this subpart and any obligation of the participant which is conditioned thereon, is contingent upon funds being appropriated for assistance under this subtitle; (3) a statement of the damages to which the United States is entitled, under section 236 for the breach of the contract; and (4) such other statements of the rights and liabilities of the Corporation and of the participant, not inconsistent with the provisions of this subtitle. (c) INFORMATION PROVIDED BY THE CORPORATION- In disseminating application forms and contract forms to individuals desiring to participate in the Program, the Corporation shall include with such forms a fair summary of the rights and liabilities of an individual whose application is approved (and whose contract is accepted) by the Corporation, including a clear explanation of the damages to which the United States is entitled under section 236 in the case of the breach of the contract. (d) APPLICATION AND CONTRACT FORMS- The application form, contract form, and all other information furnished by the Corporation under this subtitle shall be written in a manner calculated to be understood by the average individual applying to participate in the Program. The Corporation shall make such application forms, contract forms, and other information available to individuals desiring to participate in the Program on a date sufficiently early to insure that such individuals have adequate time to carefully review and evaluate such forms and information. SEC. 233. ACCEPTANCE. (a) ACCEPTANCE- (1) An individual becomes a participant in the Program only upon-- (A) the approval by the Corporation of the application submitted by the individual under section 232(a)(3); and (B) the acceptance by the Corporation of the contract signed by the individual under section 232(a)(4). (2) On the acceptance of an individual under paragraph (1) to participate in the Program, the Corporation shall promptly provide written notice of such acceptance to such individual. (b) SELECTION PROCESS- The Corporation shall establish by rule uniform criteria for the selection on a competitive basis of individuals to participate in the Program. SEC. 234. LIMITATION ON THE USE OF ASSISTANCE; REDUCTION OF SUBSEQUENT ASSISTANCE. (a) LIMITATION ON THE USE OF ASSISTANCE- Financial assistance provided under this subtitle-- (1) may be used by the participant solely for the purposes described in section 305(d); and (2) may not be used to purchase or construct a dwelling to be owned and occupied by such participant as the primary residence of such participant. (b) REDUCTION OF SUBSEQUENT ASSISTANCE- Any financial assistance provided under section 303 to a participant in the Program after the completion of the term of service of such participant shall be reduced by the amount of assistance provided to such participant under this subtitle. SEC. 235. PLACEMENT. Upon the completion of a program of education or training described in section 232(a)(2)(B) by a participant in the Program, the Corporation shall-- (1) refer the participant to a national service council or a Federal, State, or local agency accepting members of the Citizens Corps; and (2) acting through such entity, place the participant in a national service position taking into consideration the preference and skills of the participant. SEC. 236. BREACH OF CONTRACT. (a) DURING A PROGRAM OF EDUCATION OR TRAINING- An individual who has entered into a written contract with the Corporation under section 232 and who-- (1) fails to maintain a status as a full-time student; (2) fails to maintain an acceptable level of academic standing in the educational institution or training establishment in which the individual is enrolled (such level determined by the institution or establishment under rules issued by the Corporation); (3) is dismissed from such educational institution for disciplinary reasons; (4) voluntarily terminates the program of education or training described in section 232(a)(2)(B) for which the individual is provided assistance under such contract, before the completion of such program; or (5) fails to accept payment, or instructs the educational institution or training establishment in which the individual is enrolled not to accept payment, in whole or in part, of assistance provided under such contract; in lieu of any service obligation arising under such contract, shall be liable to the United States for the amount which has been paid to the individual, or on behalf of the individual, under the contract and interest on such amount at the rate described in subsection (b). (b) AFTER COMPLETING A PROGRAM OF EDUCATION OR TRAINING- If (for any reason not specified in subsection (a)) an individual breaches the contract entered into under this subtitle by failing either to begin such individual's term of service in the Citizens Corps or to complete such term of service, the United States shall be entitled to recover from the individual an amount determined in accordance with the formula A=3y(t-s/t) in which-- (1) `A' is the amount the United States is entitled to recover; (2) `y' is the sum of the amounts paid under this subtitle to or on behalf of the individual and the interest on such amounts which would be payable if at the time the amounts were paid they were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States; (3) `t' is the total number of months in the individual's term of service; and (4) `s' is the number of months of such term of service served by the individual. (c) PAYMENT OF AMOUNTS- (1) Any amount that the United States is entitled to recover under this section shall, within the 1-year period beginning on the date of the breach of the written contract (or such longer period beginning on such date as specified by the Corporation), be paid to the United States. (2) If any amount described in paragraph (1) is delinquent for 3 months, the Corporation shall, for the purpose of recovering such amount-- (A) utilize collection agencies contracted with by the Administrator of the General Services Administration; or (B) enter into contracts for the recovery of such damages with collection agencies selected by the Corporation. (3) Each contract referred to in paragraph (2) shall provide that the contractor will, not less than once each 180 days, submit to the Corporation a status report on the success of the contractor in collecting such damages. Section 3718 of title 31, United States Code, shall apply to any such contract to the extent not inconsistent with this subsection. (d) DISCLOSURE OF DELINQUENT PAYMENTS- To the extent not otherwise prohibited by law, the Corporation shall disclose to all appropriate credit reporting agencies information relating to amounts of more than $100 that-- (1) the United States is entitled recover under this section; and (2) are delinquent by more than 60 days or such longer period as is determined by the Corporation. Subtitle D--Administration of the Citizens Corps with regard to Service in the Armed Forces SEC. 241. ADMINISTRATION OF THE CITIZENS CORPS WITH REGARD TO SERVICE IN THE ARMED FORCES. (a) RESPONSIBILITY OF SECRETARY OF DEFENSE- The Secretary of Defense shall be responsible for administering the Citizens Corps with regard to service by members of the Citizens Corps in the Armed Forces. (b) RULEMAKING- Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall issue rules to carry out this subtitle. SEC. 242. DEFERRED ENLISTMENT. (a) SENIOR RESERVE OFFICERS' TRAINING CORPS PROGRAM- The Secretary of each military department, in consultation with the Secretary of Defense, shall expand the Senior Reserve Officers' Training Corps program under chapter 103 of title 10, United States Code, so that a certain number of the individuals (as determined by the Secretary concerned) who are eligible to enlist for service in the Armed Forces as a member of the Citizens Corps under section 102(b) may, before performing a service obligation selected under section 103(b), receive the financial assistance provided to members of the Citizens Corps under section 304 to assist such individuals pursue a program of education or training at an educational institution or training establishment. (b) OPERATION OF PROGRAM- The Secretary concerned shall operate the Senior Reserve Officers' Training Corps program with regard to individuals referred to in subsection (a) in the manner provided in subtitle C. SEC. 243. REPORTS. (a) REQUIRED- On or before May 15 of each calendar year, the Secretary of Defense shall submit to the President a report describing the operation of the Citizen Corps with regard to service in the Armed Forces and the activities of the Secretary in administering such service during the fiscal year ending September 30 of the preceding calendar year, and the President shall transmit such report to the Congress. (b) CONTENT OF REPORT- (1) Each report shall include a comprehensive and detailed description of the operations, activities, financial condition, and accomplishments of the Citizens Corps with regard to service in the Armed Forces during the fiscal year covered by such report and such recommendations as the Secretary considers appropriate. (2) In the first 5 reports submitted under subsection (a), the Secretary shall specify-- (A) the anticipated number of national service positions that will be available in the Armed Forces for members of the the Citizens Corps in the fiscal year beginning in the calendar year in which such report is submitted; and (B) the anticipated cost of operating the Citizens Corps with regard to service in the Armed Forces for such fiscal year. TITLE III--BENEFITS FOR PARTICIPATING IN THE CITIZENS CORPS SEC. 301. STIPEND AND SUPPORT SERVICES FOR MEMBERS OF THE CIVILIAN SERVICE AND SENIOR SERVICE. (a) CIVILIAN SERVICE- (1) The State shall provide a stipend of $100 per week to each member of the Civilian Service of the Citizens Corps performing service in the State (except members placed with a Federal agency) while such member is in training and providing full-time service during the term of service of such member. (2) If a member of the Civilian Service of the Citizens Corps is placed with a Federal agency, such agency shall provide a stipend of $100 per week to such member while such member is in training and providing full-time service with such agency during the term of service of such member. (3) The Corporation-- (A) shall provide each member of the Civilian Service with health insurance; and (B) may provide such other assistance as the Corporation considers necessary and appropriate for a member of the Civilian Service to carry out the service obligation of such member. (b) SENIOR SERVICE- (1) The State or Federal agency, as the case may be, shall pay to each member of the Senior Service performing service in the State or with the agency an hourly wage as determined by rule by the Corporation. (2) The Corporation may provide such other assistance as the Corporation considers necessary and appropriate for a member of the Senior Service to carry out the service obligation of such member. SEC. 302. COMPENSATION FOR MEMBERS OF THE CITIZENS CORPS SERVING IN THE ARMED FORCES. (a) AMOUNT OF COMPENSATION- Notwithstanding any other provision of law, a member of the Citizens Corps serving in the Armed Forces shall receive basic pay, basic allowance for subsistence, basic allowance for quarters at 66 percent of the rate applicable to other members of the Armed Forces with the same pay grade and years of service. (b) LIMITATIONS- A member of the Citizens Corps serving in the Armed Forces, or a graduate of such service, shall not be eligible to receive benefits under chapters 106, 107, and 109 of title 10, United States Code, or chapters 30, 32, 34, 36, or 37 of title 38, United States Code, as a result of such service. SEC. 303. EDUCATIONAL AND HOUSING BENEFITS FOR MEMBERS OF THE CIVILIAN SERVICE OF THE CITIZENS CORPS. (a) AMOUNT OF FINANCIAL ASSISTANCE- An individual who successfully completes a term of service as a member of the Civilian Service of the Citizens Corps shall be eligible to receive financial assistance pursuant to section 305 or 306 in an amount not to exceed $10,000 for each year of such term to assist such individual-- (1) pursue a program of education or training at an educational institution or training establishment; or (2) purchase or construct a dwelling to be owned and occupied by such individual as the primary residence of such individual. (b) PARTIAL COMPLETION OF TERM OF SERVICE- If the Corporation releases an individual from completing a term of service in the Civilian Service for compelling personal circumstances for just cause shown by such member, the Corporation may provide such individual with a portion of the financial assistance specified in subsection (a) corresponding to the amount of the service obligation completed by such individual. SEC. 304. EDUCATIONAL AND HOUSING BENEFITS FOR MEMBERS OF THE CITIZENS CORPS SERVING IN THE ARMED FORCES. (a) ACTIVE DUTY IN THE ARMED FORCES- (1) A member of the Citizens Corps serving in the Armed Forces pursuant to section 103(b)(1) who is released from active duty after 2 years of service (characterized by the Secretary concerned as honorable service) on active duty shall be eligible for the financial assistance specified in paragraph (2) on the condition that-- (A) the member agrees to complete the service obligation selected by such member; and (B) such further service is characterized by the Secretary concerned as honorable service. (2) The financial assistance referred to in paragraph (1) shall be provided pursuant to section 305 or 306 in an amount not to exceed $24,000 to assist such member-- (A) pursue a program of education or training at an educational institution or training establishment; or (B) purchase or construct a dwelling to be owned and occupied by such individual as the primary residence of such individual. (b) SERVICE IN THE SELECTED RESERVE- (1) A member of the Citizens Corps serving in a reserve component of the Armed Forces pursuant to section 103(b)(2) is eligible for the financial assistance specified in paragraph (2)-- (A) after the member serves 1 year in the Selected Reserve during which the member participates satisfactorily in training as prescribed by the Secretary concerned; and (B) on the condition that the member agrees to complete the service obligation selected by such member and such service is characterized by the Secretary concerned as honorable service. (2) The financial assistance referred to in paragraph (1) shall be provided pursuant to section 305 or 306 in an amount not to exceed $12,000 to assist such member-- (A) pursue a program of education or training at an educational institution or training establishment; or (B) purchase or construct a dwelling to be owned and occupied by such individual as the primary residence of such individual. (c) PARTIAL COMPLETION OF TERM OF SERVICE- If the Secretary of Defense releases a member of the Citizens Corps from completing a service obligation in the Armed Forces with an honorable discharge, the Secretary of Veterans Affairs may provide such member with a portion of the financial assistance such individual would have otherwise been entitled to corresponding to the amount of the service obligation completed by such individual. SEC. 305. PROVISION OF EDUCATIONAL BENEFITS. (a) CIVILIAN SERVICE- The Corporation (in consultation with the Secretary of Veterans Affairs) shall administer the provision of financial assistance under section 303 for individuals pursuing a program of education or training at an educational institution or training establishment. (b) SERVICE IN THE ARMED FORCES- The Secretary of Veterans Affairs (in consultation with the Corporation) shall administer the provision of financial assistance under section 304 for individuals pursuing a program of education or training at an educational institution or training establishment. (c) METHOD OF PROVIDING ASSISTANCE- The Corporation and Secretary shall administer the provision of educational benefits to an individual who is eligible for financial assistance under section 303 or 304 in the manner provided in sections 1663, 1670, 1671, 1673, 1674, 1676, 1682(g), and 1683 of title 38, United States Code, and in subchapters I and II of chapter 36 of such title. (d) USE OF ASSISTANCE- Assistance provided under section 303 or 304 as educational benefits may be used to-- (1) pay tuition, fees, books, supplies, equipment, room and board, and other costs determined by the Corporation by rule to be necessary to accomplish a program of education or training at an educational institution or training establishment; or (2) repay student loans (whether such loans are in a repayment status or in default)-- (A) incurred by the student or a parent of such student on behalf of such student; and (B) insured or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) or made under part E of such title (20 U.S.C. 1087 et seq.). SEC. 306. PROVISION OF HOUSING BENEFITS. (a) CIVILIAN SERVICE- The Corporation (in consultation with the Secretary of Veterans Affairs) shall-- (1) establish a program by which an individual eligible for financial assistance under section 303 may use all or part of such assistance to purchase or construct a dwelling to be owned and occupied by the individual as the primary residence of such individual; and (2) monitor the implementation of such program. (b) SERVICE IN THE ARMED FORCES- The Secretary of Veterans Affairs (in consultation with the Corporation) shall-- (1) establish a program by which an individual eligible for financial assistance under section 304 may use all or part of such assistance to purchase or construct a dwelling to be owned and occupied by the individual as the primary residence of such individual; and (2) monitor the implementation of such program. SEC. 307. EXCLUSION OF ASSISTANCE FROM GROSS INCOME. (a) EXCLUSION- For purposes of section 61 of the Internal Revenue Code of 1986 (26 U.S.C. 61), in the case of an individual, gross income shall not include any amount received as assistance under section 303 or 304. (b) NEED ANALYSIS FOR STUDENT ASSISTANCE- Notwithstanding subsection (a), amounts available as assistance under section 303 or 304 shall be considered when determining family contribution for purposes of a financial need analysis under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). SEC. 308. TIME LIMITATION ON THE USE OF ASSISTANCE. (a) IN GENERAL- No assistance under section 303 or 304 may be provided an individual after the end of the 10-year period beginning on the date the term of service of such individual is completed. (b) EXCEPTION- Subsection (a) shall not apply if the Secretary of Veterans' Affairs or the Corporation, as the case may be, determines on an individual basis that an individual was unavoidably prevented from using such assistance during such time period. SEC. 309. RECOUPMENT OF ASSISTANCE. (a) FAILURE TO COMPLETE SERVICE OBLIGATION IN THE ARMED FORCES- The Secretary of Veterans' Affairs shall establish by rule a system to recoup financial assistance provided under section 304 and used by a member of the Citizens Corps serving in the Armed Forces or a reserve component of the Armed Forces in cases in which the individual fails to honorably complete the required service obligation. (b) CALCULATION AND COLLECTION- The amount recouped under subsection (a) shall be calculated and collected in the manner provided in subsections (b), (c), and (d) of section 236. SEC. 310. REPORTS. (a) REQUIRED- (1) The Secretary of Veterans' Affairs and the Corporation shall submit to the Congress at least once every 2 years a joint report on the provision of financial assistance under sections 303 and 304. (2) The first report required by paragraph (1) shall be submitted not later than January 1, 1992. (b) CONTENTS OF REPORT- Each report submitted under subsection (a) shall include-- (1) an assessment of the extent to which the financial assistance provided under sections 303 and 304 is adequate to induce individuals to serve in the Citizens Corps and complete their terms of service; (2) the amount of such assistance utilized during the period covered by such report; and (3) such recommendations for legislative changes regarding the provision of such assistance to members of the Citizens Corps and individuals who have successfully completed their terms of service in the Citizens Corps as the Secretary and Corporation consider appropriate. TITLE IV--MISCELLANEOUS PROVISIONS SEC. 401. EDUCATIONAL AND HOUSING BENEFITS FOR PARTICIPANTS IN THE PEACE CORPS AND VISTA. (a) BENEFITS ALLOWED- Subject to subsection (b), an individual who is not a member of the Civilian Service of the Citizens Corps but who successfully completes a term of service in the Peace Corps or VISTA after the effective date of this Act shall be entitled to financial assistance under section 303 in the same manner as a member of the Civilian Service. (b) REDUCTION OF BENEFITS- The Corporation shall reduce the amount of financial assistance available to a former Peace Corps or VISTA volunteer under subsection (a) to reflect the amount of compensation received by such volunteer over and above the stipend provided to members of the Civilian Service. SEC. 402. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Corporation such sums as may be necessary to carry out this Act: SEC. 403. EFFECTIVE DATE. This Act shall take effect on October 1, 1990.
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
Referred to the House Committee on Armed Services.
Referred to the House Committee on Veterans' Affairs.
Referred to the House Committee on Foreign Affairs.
Referred to the Subcommittee on Elementary, Secondary and Vocational Education.
Referred to the Subcommittee on Human Resources.
Referred to the Subcommittee on Postsecondary Education.
Referred to the Subcommittee on Select Education.
Referred to the Subcommittee on Employment Opportunities.
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