National and Community Service Amendments Act of 1998

TABLE OF CONTENTS:

Title I: Amendments to National and Community Service Act of

1990

Subtitle A: Amendments to Subtitle A (General

Provisions)

Subtitle B: Amendments to Subtitle B (School-Based and

Community-Based Service-Learning Programs)

Subtitle C: Amendments to Subtitle C (National Service

Trust Program)

Subtitle D: Amendments to Subtitle D (National Service

Trust and Provision of National Service Educational

Awards)

Subtitle E: Amendments to Subtitle E (National Civilian

Community Corps)

Subtitle F: Amendments to Subtitle F (Administrative

Provisions)

Subtitle G: Amendments to Subtitle G (Corporation for

National and Community Service)

Subtitle H: Amendment to Title III (Points of Light

Foundation)

Subtitle I: Amendments to Title V (Authorization of

Appropriations)

Title II: Amendments to the Domestic Volunteer Service Act

of 1973

Subtitle A: Amendments to Title I (National Volunteer

Antipoverty Programs)

Subtitle B: Amendments to Title II (National Senior

Volunteer Corps)

Subtitle C: Amendments to Title IV (Administration and

Coordination)

Subtitle D: Amendments to Title V (Authorization of

Appropriations)

Title III: Technical Amendments

Subtitle A: Technical Amendments to the National and

Community Service Act of 1990

Subtitle B: Technical Amendments to the Domestic

Volunteer Service Act of 1973

Title IV: Amendments to Other Laws

National and Community Service Amendments Act of 1998 - Title I: Amendments to National and Community Service Act of 1990 - Subtitle A: Amendments to Subtitle A (General Provisions) - Amends the National and Community Service Act of 1990 (NCSA) to include among its purposes the expansion and strengthening of service-learning programs to improve the education of children and youth and maximize the benefits of national and community service.

Subtitle B: Amendments to Subtitle B (School-Based and Community-Based Service-Learning Programs) - Revises NCSA with respect to school-based and community-based service-learning programs of the Corporation for National and Community Service (the Corporation).

(Sec. 121) Authorizes the use of school-based grant funds for the provision of training and technical assistance to service-learning programs.

Allows a State to apply for school-based service assistance either through a State educational agency (SEA) or through a State Commission. Requires any State receiving such assistance to ensure that the SEA and the State Commission coordinate their respective activities.

(Sec. 122) Repeals the Corporation's authority to assist local applicants in nonparticipating States and public or nonprofit organizations with grants for school-based service-learning programs. Repeals authority for local (as distinguished from State or tribal) applications for such grants.

(Sec. 123) Revises the formula for school-based grant allotments to States.

(Sec. 124) Repeals the limitation to States or Indian tribes of applications to the Corporation for school-based service-learning grants. Requires applications to give assurances that the applicant selected programs on a competitive basis.

(Sec. 125) Increases from 15 percent to 25 percent the percentage of assistance which the original recipient of the grant or allotment may use for certain capacity-building activities. Authorizes the Corporation Chief Executive Officer (CEO) to place restrictions on the types and amounts of such activities.

(Sec. 126) Allows a State to apply for community-based service program assistance either through an SEA or through a State Commission. Requires any State receiving such assistance to ensure that the SEA and the State Commission coordinate their respective activities.

(Sec. 127) Repeals the limitation to public or private nonprofit organizations of eligibility (thus making for-profit organizations also eligible) to receive assistance for service-learning clearinghouse activities, as long as they have extensive experience with service-learning, including the use of adult volunteers to foster service-learning.

(Sec. 128) Provides for reservation of funds for school-based grant payments to Indian tribes and territories.

(Sec. 129) Authorizes the Corporation to make grants to, or enter into contracts or cooperative agreements with, eligible entities to support multi-State, demonstration, or other activities to improve or expand effective service-learning programs.

(Sec. 130) Revises higher education programs for community service to include service-learning components. Provides for assistance in the form of contracts or cooperative agreements, as well as grants, for such programs.

Makes eligible to apply for such assistance higher education institutions, including ones applying as part of a consortium with public or private nonprofit organizations, and State Commissions on National and Community Service or State agencies for higher education as part of a consortium with higher education institutions.

Extends the Federal share of 50 percent of project cost to service-learning projects (and maintains that share for community service projects).

Subtitle C: Amendments to Subtitle C (National Service Trust Program) - Prohibits the Corporation from making grants to Federal agencies (as opposed to contracts or cooperative agreements) to support national service programs.

(Sec. 141) Specifies fiscal year limits on the Corporation's share of the cost of positions approved under the national service laws, as measured by the average budgeted cost per individual enrolled in an approved national service position, including administrative and support costs attributable to such individuals.

(Sec. 143) Increases the minimum amount, and revises the maximum limit on the Federal share, for grants to assist State Commissions on National and Community Service.

Repeals authority for national service program challenge grants.

(Sec. 144) Authorizes the Corporation to make certain National Service Trust Program grant allotments to applicant States, the District Columbia, and the Commonwealth of Puerto Rico.

Repeals the mandate to reserve certain funds for approved national service educational awards.

Revises formulas for competitive distribution of remaining grant funds to States and other applicants, including local governments, Indian tribes, public or private nonprofit organizations (including labor unions), and higher education institutions.

Revises requirements for grants for national service by individuals with disabilities. Requires grant recipient entities to use such funds to increase the participation of such individuals in activities carried out under the national service laws. (Current law requires use of funds to place a substantial number of such individuals as participants in National Service Trust Program projects.)

Authorizes the Corporation to reserve a limited amount of funds to provide operational assistance to programs that receive approved national service positions but do not receive specified National Service Trust Program funds. Limits such operational support to not more than $1,000 per individual enrolled in an approved national service position. Authorizes the Corporation CEO to waive, or specify alternatives to, certain requirements for approved national service positions if this will further the purposes of the national service laws. Prohibits waiver of, or alternatives to, certain requirements relating to labor union consultation and concurrence.

(Sec. 145) Adds consideration of the extent to which the program generates volunteer involvement, if applicable, to criteria for evaluating applications for assistance and approved national service positions.

(Sec. 146) Revises requirements for selection of national service participants to provide that individuals who receive special leadership training from the Corporation prior to and upon assignment by the Corporation to national service programs shall not, by reason of their status as such leaders, be considered Federal employees, except for purposes of specified laws relating to compensation for work-related injuries and torts claims procedure.

(Sec. 147) Revises terms of national service and eligibility conditions for receiving a national service educational award in cases of release for compelling personal circumstances. Authorizes the organization responsible for granting the release to: (1) determine if such circumstances are compelling, if the participant has performed satisfactorily and has completed at least 15 percent of the original term of service; and (2) certify the participant's eligibility for a portion of such award.

(Sec. 148) Revises limitations on national service living allowances. Requires reduction of such an allowance by the amount of the individual's concurrent Federal Work-Study award.

(Sec. 149) Authorizes the Corporation to waive, or specify alternatives to, certain requirements for matching funds and use of assistance. Prohibits waiver of, or alternatives to, certain requirements relating to labor union consultation and concurrence.

Subtitle D: Amendments to Subtitle D (National Service Trust and Provision of National Service Educational Awards) - Makes National Service Trust funds available for: (1) national service scholarships and (2) administrative expenses to ensure effective Trust management.

(Sec. 152) Requires the supervisory organization to certify that an individual is eligible to receive a national service educational award from the Trust. Revises eligibility requirements for those released for compelling personal circumstances to include satisfactory performance and completion of at least 15 percent of the required term of service. Provides that an individual may receive no more than the aggregate value of two full-time national service educational awards.

(Sec. 153) Makes national service educational award amounts available to pay an individual's expenses incurred in enrolling at any educational institution or training establishment that meets requirements for veterans educational benefits. Expands the definition of qualified student loans for which such payments may be made to include certain loans made directly by the lender to the student. Transfers to the Corporation CEO the authority to approve whether a national service program may offer participants an alternative post-service benefit funded entirely from non-Federal resources.

(Sec. 154) Establishes the national service scholarship program. Authorizes the Corporation to use amounts in the Trust to: (1) support the scholarship program to recognize high school juniors and seniors engaged in outstanding community service; and (2) supplement locally-funded scholarships to help cover an individual's postsecondary education or job training costs. Limits the Corporation's share of an individual's scholarship under such program to not more than $500.

Subtitle E: Amendments to Subtitle E (National Civilian Community Corps) - Makes it an additional purpose of establishing the National Civilian Community Corps to provide a basis for determining whether residential service programs can meet national and community needs related to natural and other disasters in coordination with the Federal Emergency Management Agency and other public and private organizations.

(Sec. 162) Requires the national service program component of the Corps to be residential.

(Sec. 163) Increases the minimum age for Corps participation from 16 to 18 by the end of the calendar year in which the individual enrolls. Repeals the eligibility of persons between 18 and 24 who have not received a high school diploma or its equivalent. Allows, as an alternative to holding a high school diploma or equivalent, not having dropped out of elementary or secondary school to participate, and agreeing to obtain a high school diploma or equivalent.

(Sec. 164) Authorizes the Corps Director to select individuals with prior supervisory or service experience to be Team Leaders in the Corps to perform service that includes leading and supervising teams of Corps Members. Requires such Team Leaders to be: (1) selected without regard to age limitation; (2) Corps members; and (3) given rights and benefits applicable to Corps Members, without the limitation on the amount of living allowance.

(Sec. 165) Includes State Commissions among those to be consulted in developing Corps project proposals.

Requires the Corps Director, in project selection, to place appropriate emphasis on projects addressing the environment and in support of disaster relief efforts.

(Sec. 166) Eliminates the option of Corps members upon completion of a service period to elect a post-service benefit alternative (of cash or other suitable benefit) instead of a national service educational award (thus requiring them to receive the educational award).

(Sec. 167) Transfers to the Corporation CEO specified duties of the Corps Director with respect to a permanent cadre of Corps supervisors and training instructors. Requires the CEO to include the Director in such cadre and consider the Director's recommendations in appointing the other cadre members.

(Sec. 168) Requires the Corps Advisory Board to advise the Corporation CEO as well as the Corps Director. Includes nonprofit organizations and the Director of the Federal Emergency Management Agency among Advisory Board members.

Subtitle F: Amendments to Subtitle F (Administrative Provisions) - Revises NCSA with respect to: (1) notice, hearing, and grievance procedures; (2) resolution of displacement complaints; and (3) agreements with States.

Subtitle G: Amendments to Subtitle G (Corporation for National and Community Service) - Revises NCSA with respect to: (1) Corporation for National and Community Service terms of office; (2) peer reviewers; and (3) officers.

Subtitle H: Amendment to Title III (Points of Light Foundation) - Revises NCSA to allow the Corporation CEO to serve as an ex officio, nonvoting member of the Points of Light Foundation's Board of Directors.

Subtitle I: Amendments to Title V (Authorization of Appropriations) - Revises and extends through FY 2002 the authorization of appropriations for NCSA programs.

Title II: Amendments to the Domestic Volunteer Service Act of 1973 - Subtitle A: Amendments to Title I (National Volunteer Antipoverty Programs) - Amends the Domestic Volunteer Service Act of 1973 (DVSA) to revise provisions for National Volunteer Antipoverty Programs with respect to the Volunteers in Service to America (VISTA) program's: (1) support of efforts by local agencies and organizations to achieve long-term sustainability of VISTA activities in the absence of Federal assistance; (2) operation by the Director of the ACTION agency; (3) funds for related public awareness and recruitment activities under the national service laws; (4) assistance in post-service transition; (5) cost-sharing; (6) limitation on number of terms of service; (7) grievance procedure; (8) competition requirement for grants and contracts; and (9) consideration, in merit selection of projects, on existing projects' needs as well as potential new projects.

(Sec. 219) Repeals authority for the VISTA Literacy Corps.

(Sec. 220) Repeals the prohibition against denying assistance to a project or program solely on the basis of the assistance already received. Requires the Corps Director to grant assistance to a project or program only on the basis of merit (as under existing law) and the achievement of sustainability.

(Sec. 221) Repeals authority for special volunteer programs.

Subtitle B: Amendments to Title II (National Senior Volunteer Corps) - Revises DVSA provisions for national older American volunteer programs. Renames them collectively the National Senior Volunteer Corps (Senior Corps), composed of the Retired and Senior Volunteer Program (RSVP), the Foster Grandparent Program (FGP), the Senior Companion Program (SCP), and demonstration and other programs of community service opportunities for people 55 years of age or older.

(Sec. 233) Allows cost-defraying incentives to Retired and Senior Volunteer Program (RSVP) project volunteers who make a substantial commitment of time and coordinate activities, including training, and otherwise support other volunteers.

Eliminates the requirement for State agency prior review of RSVP grants and contracts.

(Sec. 234) Makes eligible for Foster Grandparent Program (FGP) enrollment low-income individuals 55 or older, giving priority to those 60 or older (current law requires such volunteers to be 60 or older).

(Sec. 235) Revises requirements for an agreement on FGP person-to-person services. Authorizes the agency responsible for providing such services to determine whether it is in the best interests of a child receiving, and of a particular foster grandparent providing, such services to continue such relationship after the child reaches the age of 21. Requires any foster grandparent replacement to be determined through the mutual agreement of all parties involved in the provision of services to the child.

(Sec. 236) Raises the low-income ceiling for FGP eligibility from 125 percent to 150 percent of the poverty line amount.

(Sec. 237) Allows individuals who are not low-income persons to serve as FGP volunteers, if their appointment does not prevent or displace low-income persons from being volunteers. Limits to ten percent of FGP appropriations the amount that may be used to cover any costs relating to FGP volunteers who are not low-income persons.

(Sec. 238) Authorizes the ACTION Director to: (1) support Foster Grandparent Leaders who, by virtue of past volunteer experience, special skills, and demonstrated leadership abilities, may coordinate activities, including training; and (2) otherwise support the service of FGP volunteers.

(Sec. 239) Makes eligible for Senior Companion Program (SCP) enrollment low-income individuals 55 or older, giving priority to those 60 or older (current law requires such volunteers to be 60 or older).

(Sec. 240) Authorizes the ACTION Director to: (1) support Senior Companion Leaders who, by virtue of past volunteer experience, special skills, and demonstrated leadership abilities, may coordinate activities, including training; and (2) otherwise support the service of SCP volunteers.

(Sec. 241) Revises provisions for grants for programs of national significance.

Subtitle C: Amendments to Title IV (Administration and Coordination) - Deems volunteers in DVSA programs to be Federal employees for purposes of family and medical leave requirements.

(Sec. 252) Permits program and project evaluation activities to include subjects relating to the national service laws, if the ACTION Director determines that this will assist the Corporation for National and Community Service in conducting more efficient evaluations and in avoiding duplication of effort and function. Repeals the mandate for evaluation of programs relating to services that assist families caring for frail and disabled adult family members.

Subtitle D: Amendments to Title V (Authorization of Appropriations) - Extends through FY 2002 the authorization of appropriations under DVSA for: (1) the VISTA program; (2) National Senior Service Corps programs (RSVP, FGP, SCP, and programs of national significance); and (3) administration and coordination.

(Sec. 264) Authorizes FY 1998 through 2002 appropriations for certain DVSA evaluation activities.

Title III: Technical Amendments - Subtitle A: Technical Amendments to the National and Community Service Act of 1990 - Makes various technical amendments to NCSA.

Subtitle B: Technical Amendments to the Domestic Volunteer Service Act of 1973 - Makes various technical amendments to DVSA.

Title IV: Amendments to Other Laws - Makes technical amendments to the Higher Education Act of 1965, the Bilingual Education Act, and a specified Federal law relating to the Public Lands Corps.

(Sec. 403) Repeals the eligibility of the Secretaries of Transportation and of Housing and Urban Development for NCSA funds for the Urban Youth Corps.