Pub. L. 103-82, tit. I, subtit. A, sec. 103

SCHOOL-BASED AND COMMUNITY-BASED SERVICE-LEARNING PROGRAMS.

EnactedYear: 1993Length: 6,534 wordsOfficial source
SEC. 103. SCHOOL-BASED AND COMMUNITY-BASED SERVICE-LEARNING PROGRAMS. (a) Amendments to Serve-America Programs.— 107 STAT. 825 (1) Purpose.— The purpose of this subsection is to improve the Serve-America programs established under part I of subtitle B of the National and Community Service Act of 1990, and to enable the Corporation for National and Community Service, and the entities receiving financial assistance under such part, (A) work with teachers in elementary schools and secondary schools within a community, and with community-based agencies, to create and offer service-learning opportunities for all school-age youth; (B) educate teachers, and faculty providing teacher training and retraining, about service-learning, and incorporate service-learning opportunities into classroom teaching to strengthen academic learning; (C) coordinate the work of adult volunteers who work with elementary and secondary schools as part of their community service activities; and (D) work with employers in the communities to ensure that projects introduce the students to various careers and expose the students to needed further education and training. (2) Programs.— Subtitle B of title I of the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.) is amended by striking the subtitle heading and all that follows through the end of part I and inserting the following: “Subtitle B— School-Based and Community-Based Service-Learning Programs “PART I— SERVE-AMERICA PROGRAMS “Subpart A— School-Based Programs for Students “SEC. 111. AUTHORITY TO ASSIST STATES AND INDIAN TRIBES. “(a) Use of Funds.— The Corporation, in consultation with the Secretary of Education, may make grants under section 112(b)(1), and allotments under subsections (a) and (b)(2) of section 112, to States (through State educational agencies), and to Indian tribes, to pay for the Federal share of— “(1) planning and building the capacity of the States or Indian tribes (which may be accomplished through grants or contracts with qualified organizations) to implement school-based service-learning programs, including— “(A) providing training for teachers, supervisors, personnel from community-based agencies (particularly with regard to the utilization of participants), and trainers, to be conducted by qualified individuals or organizations that have experience with service-learning; “(B) developing service-learning curricula to be integrated into academic programs, including the age- appropriate learning component described in section 114(d)(2); “(C) forming local partnerships described in paragraph (2) or (4) to develop school-based service-learning programs in accordance with this subpart; 107 STAT. 826 “(D) devising appropriate methods for research and evaluation of the educational value of service-learning and the effect of service-learning activities on communities; and “(E) establishing effective outreach and dissemination of information to ensure the broadest possible involvement of community-based agencies with demonstrated effectiveness in working with school-age youth in their communities; “(2) implementing, operating, or expanding school-based service-learning programs, which may include paying for the cost of the recruitment, training, supervision, placement, salaries, and benefits of service-learning coordinators, through State distribution of Federal funds made available under this subpart to projects operated by local partnerships among— “(A) local educational agencies; and “(B) one or more community partners that— “(i) shall include a public or private nonprofit organization that— “(I) has a demonstrated expertise in the provision of services to meet unmet human, educational, environmental, or public safety needs; “(II) was in existence at least 1 year before the date on which the organization submitted an application under section 114; and “(III) will make projects available for participants, who shall be students; and “(ii) may include a private for-profit business or private elementary or secondary school; “(3) planning of school-based service-learning programs, through State distribution of Federal funds made available under this subpart to local educational agencies, which planning may include paying for the cost of— “(A) the salaries and benefits of service-learning coordinators; or “(B) the recruitment, training, supervision, and placement of service-learning coordinators who are participants in a program under subtitle C or receive a national service educational award under subtitle D, who will identify the community partners described in paragraph (2)(B) and assist in the design and implementation of a program described in paragraph (2); and “(4) implementing, operating, or expanding school-based service-learning programs involving adult volunteers to utilize service-learning to improve the education of students, through State distribution of Federal funds made available under this part to local partnerships among— “(A) local educational agencies; and “(B) one or more— “(i) public or private nonprofit organizations; “(ii) other educational agencies; or “(iii) private for-profit businesses, that coordinate and operate projects for participants, who shall be students. “(b) Duties of Service-Learning Coordinator.— A service-learning coordinator referred to in paragraph (2) or (3) of subsection (a) shall provide services to a local educational agency by— 107 STAT. 827 “(1) providing technical assistance and information to, and facilitating the training of, teachers who want to use service-learning in their classrooms; “(2) assisting local partnerships described in subsection (a) in the planning, development, and execution of service-learning projects; and “(3) carrying out such other duties as the local educational agency may determine to be appropriate. “(c) Related Expenses.— A partnership, local educational agency, or other qualified organization that receives financial assistance under this subpart may, in carrying out the activities described in subsection (a), use such assistance to pay for the Federal share of reasonable costs related to the supervision of participants, program administration, transportation, insurance, and evaluations, and for other reasonable expenses related to the activities. “SEC. 111A. AUTHORITY TO ASSIST LOCAL APPLICANTS IN NONPARTICIPATING STATES. “In any fiscal year in which a State does not submit an application under section 113, for an allotment under subsection (a) or (b)(2) of section 112, that meets the requirements of section 113 and such other requirements as the Chief Executive Officer may determine to be appropriate, the Corporation may use the allotment of that State to make direct grants to pay for the Federal share of the cost of— “(1) carrying out the activities described in paragraph (2) or (4) of section 111(a), to a local partnership described in such paragraph; or “(2) carrying out the activities described in paragraph (3) of such section, to an agency described in such paragraph, that is located in the State. “SEC. 111B. AUTHORITY TO ASSIST PUBLIC OR PRIVATE NONPROFIT ORGANIZATIONS. “(a) In General.— The Corporation may make grants under section 112(b)(1) to public or private nonprofit organizations that— “(1) have experience with service-learning; “(2) were in existence at least 1 year before the date on which the organization submitted an application under section 114(a); and “(3) meet such other criteria as the Chief Executive Officer may establish. “(b) Use of Funds.— Such organizations may use grants made under subsection (a) to make grants to partnerships described in paragraph (2) or (4) of section 111(a) to implement, operate, or expand school-based service-learning programs as described in such section and provide technical assistance and training to appropriate persons. “SEC. 112. GRANTS AND ALLOTMENTS. “(a) Indian Tribes and Territories.— Of the amounts appropriated to carry out this subpart for any fiscal year, the Corporation shall reserve an amount of not more than 3 percent for payments to Indian tribes, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be allotted in accordance with their respective needs. The Corporation may also make payments from such amount to Palau, 107 STAT. 828in accordance with its needs, until such time as the Compact of Free Association with Palau is ratified. “(b) Grants and Allotments Through States.— The Corporation shall use the remainder of the funds appropriated to carry out this subpart for any fiscal year as follows: “(1) Grants.— Except as provided in paragraph (3), from 25 percent of such remainder, the Corporation may make grants, on a competitive basis, to— “(A) States and Indian tribes; or “(B) as described in section 111B, to grantmaking entities. “(2) Allotments.— “(A) School-age youth.— Except as provided in paragraph (3), from 37.5 percent of such remainder, the Corporation shall allot to each State an amount that bears the same ratio to 37.5 percent of such remainder as the number of school-age youth in the State bears to the total number of school-age youth of all States. “(B) Allocation under elementary and secondary education act OF 1966.— Except as provided in paragraph (3), from 37.5 percent of such remainder, the Corporation shall allot to each State an amount that bears the same ratio to 37.5 percent of such remainder as the allocation to the State for the previous fiscal year under chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2711 et seq.) bears to such allocations to all States. “(3) Minimum amount.— No State shall receive, under paragraph (2), an allotment that is less than the allotment such State received for fiscal year 1993 under section 112(b) of this Act, as in effect on the day before the date of enactment of this part. If the amount of funds made available in a fiscal year to carry out paragraph (2) is insufficient to make such allotments, the Corporation shall make available sums from the 25 percent described in paragraph (1) for such fiscal year to make such allotments. “(4) Definition.— Notwithstanding section 101(26), for purposes of this subsection, the term ‘State’ means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. “(c) Reallotment.— If the Corporation determines that the allotment of a State or Indian tribe under this section will not be required for a fiscal year because the State or Indian tribe does not submit an application for the allotment under section 113 that meets the requirements of such section and such other requirements as the Chief Executive Officer may determine to be appropriate, the Corporation shall, after making any grants under section 11 LA to a partnership or agency described in such section, make any remainder of such allotment available for reallotment to such other States, and Indian tribes, with approved applications submitted under section 113, as the Corporation may determine to be appropriate. “(d) Exception.— Notwithstanding subsections (a) and (b), if less than $20,000,000 is appropriated for any fiscal year to carry out this subpart, the Corporation shall award grants to States and Indian tribes, from the amount so appropriated, on a competi-107 STAT. 829tive basis to pay for the Federal share of the activities described in section 111. SEC. 113. STATE OR TRIBAL APPLICATIONS. “(a) Submission.— To be eligible to receive a grant under section 112(b)(1), an allotment under subsection (a) or (b)(2) of section 112, a reallotment under section 112(c), or a grant under section 112(d), a State, acting through the State educational agency, or an Indian tribe, shall prepare, submit to the Corporation, and obtain approval of, an application at such time and in such manner as the Chief Executive Officer may reasonably require. “(b) Contents.— An application that is submitted under subsection (a) with respect to service-learning programs described in section 111 shall include— “(1) a 3-year strategic plan, or a revision of a previously approved 3-year strategic plan, for promoting service-learning through the programs, which plan snail contain such information as the Chief Executive Officer may reasonably require, including information demonstrating that the programs will be carried out in a manner consistent with the approved strategic plan; “(2) assurances that— “(A) the applicant will keep such records and provide such information to the Corporation with respect to the programs as may be required for fiscal audits and program evaluation; and “(B) the applicant will comply with the nonduplication and nondisplacement requirements of section 177 and the grievance procedure requirements of section 176(f); and "(3) such additional information as the Chief Executive Officer may reasonably require. SEC. 114. LOCAL APPLICATIONS. “(a) Application to Corporation To Make Grants for School-Based Service-Learning Programs.— “(1) In general.— To be eligible to receive a grant in accordance with section 111B(a) to make grants relating to school-based service-learning programs described in section 111(a), a grantmaking entity snail prepare, submit to the Corporation, and obtain approval of, an application. “(2) Submission.— Such application shall be submitted at such time and in such manner, and shall contain such information, as the Chief Executive Officer may reasonably require. Such application shall include a proposal to assist such programs in more than 1 State. “(b) Direct Application to Corporation To Carry Out School-Based Service-Learning Programs in Nonparticipating States.— To be eligible to receive a grant from the Corporation in the circumstances described in section 11 LA to carry out an activity as described in such section, a partnership or agency described in such section shall prepare, submit to the Corporation, and obtain approval of, an application. Such application shall be submitted at such time and in such manner, and shall contain such information, as the Chief Executive Officer may reasonably require. “(c) Application to State or Indian Tribe To Receive Assistance To Carry Out School-Based Service-Learning Programs.— 107 STAT. 830 “(1) In general.— Any— “(A) qualified organization that desires to receive financial assistance under this subpart from a State or Indian tribe for an activity described in section lll(a)(1); “(B) partnership described in section lll(a)(2) that desires to receive such assistance from a State, Indian tribe, or grantmaking entity for an activity described in section lll(a)(2); “(C) agency described in section lll(a)(3) that desires to receive such assistance from a State or Indian tribe for an activity described in such section; or “(D) partnership described in section 111(a)(4) that desires to receive such assistance from a State or Indian tribe for an activity described in such section, to be carried out through a service-learning program described in section 111, shall prepare, submit to the State educational agency, Indian tribe, or grantmaking entity, and obtain approval of, an application for the program. “(2) Submission.— Such application shall be submitted at such time and in such manner, and shall contain such information, as the agency, tribe, or entity may reasonably require. “(d) Regulations.— The Corporation shall by regulation establish standards for the information and assurances required to be contained in an application submitted under subsection (a) or (b) with respect to a service-learning program described in section 111, including, at a minimum, assurances that— “(1) prior to the placement of a participant, the entity carrying out the program will consult with the appropriate local labor organization, if any, representing employees in the area who are engaged in the same or similar work as that proposed to be carried out by such program, to prevent the displacement and protect the rights of such employees; “(2) the entity carrying out the program will develop an age-appropriate learning component for participants in the program that shall include a chance for participants to analyze and apply their service experiences; and “(3) the entity carrying out the program will comply with the nonduplication and nondisplacement requirements of section 177 and the grievance procedure requirements of section 176(f). “(e) Limitation on Same Project in Multiple Applications.— No applicant shall submit an application under section 113 or this section, and the Corporation shall reject an application that is submitted under section 113 or this section, if the application describes a project proposed to be conducted using assistance requested by the applicant and the project is already described in another application pending before the Corporation. SEC. 115. CONSIDERATION OF APPLICATIONS. “(a) Criteria for Applications.— In approving applications for financial assistance under subsection (a), (b), (c), or (d) of section 112, the Corporation shall consider such criteria with respect to sustainability, replicability, innovation, and quality of programs under this subpart as the Chief Executive Officer may by regulation specify. In providing assistance under this subpart, a State educational agency, Indian tribe, or grantmaking entity shall consider such criteria. 107 STAT. 831 “(b) Priority for Local Applications.— In providing assistance under this subpart, a State educational agency or Indian tribe, or the Corporation if section 111A or 111B applies, shall give priority to entities that submit applications under section 114 with respect to service-learning programs described in section 111 that— “(1) involve participants in the design and operation of the program; “(2) are in the greatest need of assistance, such as programs targeting low-income areas; “(3) involve— “(A) students from public elementary or secondary schools, and students from private elementary or secondary schools, serving together; or “(B) students of different ages, races, sexes, ethnic groups, disabilities, or economic backgrounds, serving together; or “(4) are integrated into the academic program of the participants. “(c) Rejection of Applications.— If the Corporation rejects an application submitted by a State under section 113 for an allotment under section 112(b)(2), the Corporation shall promptly notify the State of the reasons for the rejection of the application. The Corporation shall provide the State with a reasonable opportunity to revise and resubmit the application and shall provide technical assistance, if needed, to the State as part of the resubmission process. The Corporation shall promptly reconsider such resubmitted application. “SEC. 115A. PARTICIPATION OF STUDENTS AND TEACHERS FROM PRIVATE SCHOOLS. “(a) In General.— To the extent consistent with the number of students in the State or Indian tribe or in the school district of the local educational agency involved who are enrolled in private nonprofit elementary and secondary schools, such State, Indian tribe, or agency shall (after consultation with appropriate private school representatives) make provision— “(1) for the inclusion of services and arrangements for the benefit of such students so as to allow for the equitable participation of such students in the programs implemented to carry out the objectives and provide the benefits described in this subpart; and “(2) for the training of the teachers of such students so as to allow for the equitable participation of such teachers in the programs implemented to carry out the objectives and provide the benefits described in this subpart. “(b) Waiver.— If a State, Indian tribe, or local educational agency is prohibited by law from providing for the participation students or teachers from private nonprofit schools as required by subsection (a), or if the Corporation determines that a State, Indian tribe, or local educational agency substantially fails or is unwilling to provide for such participation on an equitable basis, the Chief Executive Officer shall waive such requirements and shall arrange for the provision of services to such students and teachers. Such waivers shall be subject to consultation, withholding, notice, and judicial review requirements in accordance with para-107 STAT. 832graphs (3) and (4) of section 1017(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2727(b)). “SEC. 116. FEDERAL, STATE, AND LOCAL CONTRIBUTIONS. “(a) Share.— “(1) In general.— The Federal share attributable to this subpart of the cost of carrying out a program for which a grant or allotment is made under this subpart may not exceed— “(A) 90 percent of the total cost of the program for the first year for which the program receives assistance under this subpart; “(B) 80 percent of the total cost of the program for the second year for which the program receives assistance under this subpart; “(C) 70 percent of the total cost of the program for the third year for which the program receives assistance under this subpart; and “(D) 50 percent of the total cost of the program for the fourth year, and for any subsequent year, for which the program receives assistance under this subpart. “(2) Calculation.— In providing for the remaining share of the cost of carrying out such a program, each recipient of assistance under this subpart— “(A) shall provide for such share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services; and “(B) may provide for such share through State sources, local sources, or Federal sources (other than funds made available under the national service laws). “(b) Waiver.— The Chief Executive Officer may waive the requirements of subsection (a) in whole or in part with respect to any such program in any fiscal year if the Corporation determines that such a waiver would be equitable due to a lack of available financial resources at the local level. “SEC. 116A. LIMITATIONS ON USES OF FUNDS. “(a) Administrative Costs.— “(1) Limitation.— Not more than 5 percent of the amount of assistance provided to a State educational agency, Indian tribe, or grantmaking entity that is the original recipient of a grant or allotment under subsection (a), (b), (c), or (d) of section 112 for a fiscal year may be used to pay for administrative costs incurred by— “(A) the original recipient; or “(B) the entity carrying out the service-learning programs supported with the assistance. “(2) Rules on use.— The Chief Executive Officer may by rule prescribe the manner and extent to which— “(A) such assistance may be used to cover administrative costs; and “(B) that portion of the assistance available to cover administrative costs should be distributed between— “(i) the original recipient; and “(ii) the entity carrying out the service-learning programs supported with the assistance. “(b) Capacity-Building Activities.— “(1) In general.— Except as provided in paragraph (2), not less than 10 percent and not more than 15 percent of 107 STAT. 833the amount of assistance provided to a State educational agency or Indian tribe that is the original recipient of a grant or allotment under subsection (a), (b), (c), or (d) of section 112 for a fiscal year may be used to build capacity through training, technical assistance, curriculum development, and coordination activities, described in section lll(a)(1). “(2) Waiver.— The Chief Executive Officer may waive the requirements of paragraph (1) in order to permit an agency or a tribe to use not less than 10 percent and not more than 20 percent of such amount to build capacity as provided in paragraph (1). To be eligible to receive such a waiver such an agency or tribe shall submit an application to the Chief Executive Officer at such time, in such manner, and containing such information as the Chief Executive Officer may require. “(c) Local Uses of funds.— Funds made available under this subpart may not be used to pay any stipend, allowance, or other financial support to any student who is a participant under this subtitle, except reimbursement for transportation, meals, and other reasonable out-of-pocket expenses directly related to participation in a program assisted under this subpart. “SEC. 116B. DEFINITIONS. “As used in this subpart: “(1) Grantmaking entity.— The term ‘grantmaking entity’ means an organization described in section 111B(a). “(2) School-based.— The term ‘school-based’ means based in an elementary school or a secondary school. “(3) Student.— Notwithstanding section 101(29), the term ‘student’ means an individual who is enrolled in an elementary or secondary school on a full- or part-time basis. “Subpart B— Community-Based Service Programs for School-Age Youth “SEC. 117. DEFINITIONS. “As used in this subpart: “(1) Community-based service program.— The term ‘community-based service program’ means a program described in section 117A(b)(1)(A). “(2) Grantmaking entity.— The term ‘grantmaking entity’ means a qualified organization that— “(A) submits an application under section 117C(a) to make grants to qualified organizations; “(B) was in existence at least 1 year before the date on which the organization submitted the application; and “(C) meets such other criteria as the Chief Executive Officer shall establish. “(3) Qualified organization.— The term ‘qualified organization’ means a public or private nonprofit organization with experience working with school-age youth that meets such criteria as the Chief Executive Officer may establish. “SEC. 117A. GENERAL AUTHORITY. “(a) Grants.— From the funds appropriated to carry out this subpart for a fiscal year, the Corporation may make grants to State Commissions, grantmaking entities, and qualified organiza-107 STAT. 834tions to pay for the Federal share of the implementation, operation, expansion, or replication of community-based service programs. “(b) Use of Funds.— “(1) State commissions and grantmaking entities.— A State Commission or grantmaking entity may use a grant made under subsection (a)— “(A) to make a grant to a qualified organization to implement, operate, expand, or replicate a community-based service program that provides for meaningful human, educational, environmental, or public safety service by participants, who shall be school-age youth; or “(B) to provide training and technical assistance to such an organization. “(2) Qualified organizations.— A qualified organization, other than a grantmaking entity, may use a grant made under subsection (a) to implement, operate, expand, or replicate a program described in paragraph (1)(A). “SEC. 117B. STATE APPLICATIONS. “(a) In General.— To be eligible to receive a grant under section 117A(a), a State Commission shall prepare, submit to the Corporation, and obtain approval of, an application. “(b) Submission.— Such application shall be submitted to the Corporation at such time and in such manner, and shall contain such information, as the Chief Executive Officer may reasonably require. “(c) Contents.— Such an application shall include, at a minimum, a State plan that contains the information and assurances described in section 117C(d) with respect to each community-based service program proposed to be carried out through funding distributed by the State Commission under this subpart. “SEC. 117C. LOCAL APPLICATIONS. “(a) Application to Corporation To Make Grants for Community-Based Service Programs.— To be eligible to receive a grant from the Corporation under section 117A(a) to make grants under section 117A(b)(1), a grantmaking entity shall prepare, submit to the Corporation, and obtain approval of, an application that proposes a community-based service program to be carried out through grants made to qualified organizations. Such application shall be submitted at such time and in such manner, and shall contain such information, as the Chief Executive Officer may reasonably require. “(b) Direct Application to Corporation To Carry Out Community-Based Service Programs.— To be eligible to receive a grant from the Corporation under section 117A(a) to implement, operate, expand, or replicate a community service program, a qualified organization shall prepare, submit to the Corporation, and obtain approval of, an application that proposes a community-based service program to be carried out at multiple sites, or that proposes an innovative community-based service program. Such application shall be submitted at such time and in such manner, and shall contain such information, as the Chief Executive Officer may reasonably require. “(c) Application to State Commission or Grantmaking Entity To Receive Grants To Carry Out Community-Based Service Programs.— To be eligible to receive a grant from a State Commission or grantmaking entity under section 117A(b)(1), a 107 STAT. 835qualified organization shall prepare, submit to the Commission or entity, and obtain approval of, an application. Such application shall be submitted at such time and in such manner, and shall contain such information, as the Commission or entity may reasonably require. “(d) Regulations.— The Corporation shall by regulation establish standards for the information and assurances required to be contained in an application submitted under subsection (a) or (b) with respect to a community-based service program, including, at a minimum— “(1) an assurance that the entity carrying out the program proposed by the applicant will comply with the nonduplication and nondisplacement provisions of section 177 and the grievance procedure requirements of section 176(f); “(2) an assurance that the entity carrying out the program will, prior to placing a participant in the program, consult with the appropriate local labor organization, if any, representing employees in the area in which the program will be carried out that are engaged in the same or similar work as the work proposed to be carried out by the program, to prevent the displacement of such employees; and “(3) in the case of an application submitted by a grantmaking entity, information demonstrating that the entity will make grants for a program to— “(A) carry out activities described in section 117A(b)(1) in two or more States, under circumstances in which the activities carried out under such program can be carried out more efficiently through one program than through two or more programs; and “(B) carry out the same activities, such as training activities or activities related to exchanging information on service experiences, through each of the projects assisted through the program. “(e) Limitation on Same Project in Multiple Applications.— No applicant shall submit an application under section 117B or this section, and the Corporation shall reject an application that is submitted under section 117B or this section, if the application describes a project proposed to be conducted using assistance requested by the applicant and the project is already described in another application pending before the Corporation. “SEC. 117D. CONSIDERATION OF APPLICATIONS. “(a) Application of Criteria.— The Corporation shall apply the criteria described in subsection (b) in determining whether to approve an application submitted under section 117B or under subsection (a) or (b) of section 117C and to provide assistance under section 117A to the applicant on the basis of the application. “(b) Assistance Criteria.— In evaluating such an application with respect to a program under this subpart, the Corporation shall consider the criteria established for national service programs under section 133(c). “(c) Application to Subgrants.— A State Commission or grantmaking entity shall apply the criteria described in subsection (b) in determining whether to approve an application under section 117C(c) and to make a grant under section 117A(b)(1) to the applicant on the basis of the application. 107 STAT. 836 “SEC. 117E. FEDERAL, STATE, AND LOCAL CONTRIBUTIONS. “(a) Federal Share.— “(1) In general.— The Federal share attributable to this subpart of the cost of carrying out a program for which a grant is made under this subpart may not exceed the percentage specified in subparagraph (A), (B), (C), or (D) of section 116(a)(1), as appropriate. “(2) Calculation.— Each recipient of assistance under this subpart shall comply with section 116(a)(2). “(b) Waiver.— The Chief Executive Officer may waive the requirements of subsection (a), in whole or in part, as provided in section 116(b). “SEC. 117F. LIMITATIONS ON USES OF FUNDS. “(a) Administrative Costs.— Not more than 5 percent of the amount of assistance provided to a State Commission, grantmaking entity, or qualified organization that is the original recipient of a grant under section 117A(a) for a fiscal year may be used to pay for administrative costs incurred by— “(1) the original recipient; or “(2) the entity carrying out the community-based service programs supported with the assistance. “(b) Rules on Use.— The Chief Executive Officer may by rule prescribe the manner and extent to which— “(1) such assistance may be used to cover administrative costs; and “(2) that portion of the assistance available to cover administrative costs should be distributed between— “(A) the original recipient; and “(B) the entity carrying out the community-based service programs supported with the assistance. “Subpart C— Clearinghouse “SEC. 118. SERVICE-LEARNING CLEARINGHOUSE. “(a) In General.— The Corporation shall provide financial assistance, from funds appropriated to carry out subtitle H, to organizations described in subsection (b) to establish a clearinghouse, which shall carry out activities, either directly or by arrangement with another such organization, with respect to information about service-learning. “(b) Public or Private Nonprofit Organizations.— Public or private nonprofit organizations that have extensive experience with service-learning, including use of adult volunteers to foster service-learning, shall be eligible to receive assistance under subsection (a). “(c) Function of Clearinghouse.— An organization that receives assistance under subsection (a) may— “(1) assist entities carrying out State or local service-learning programs with needs assessments and planning; “(2) conduct research and evaluations concerning service-learning; “(3) (A) provide leadership development and training to State and local service-learning program administrators, supervisors, service sponsors, and participants; and “(B) provide training to persons who can provide the leadership development and training described in subparagraph (A); 107 STAT. 837 “(4) facilitate communication among entities carrying out service-learning programs and participants in such programs; “(5) provide information, curriculum materials, and technical assistance relating to planning and operation of service-learning programs, to States and local entities eligible to receive financial assistance under this title; “(6) provide information regarding methods to make service-learning programs accessible to individuals with disabilities; “(7) (A) gather and disseminate information on successful service-learning programs, components of such successful programs, innovative youth skills curricula related to service-learning, and service-learning projects; and “(B) coordinate the activities of the Clearinghouse with appropriate entities to avoid duplication of effort; “(8) make recommendations to State and local entities on quality controls to improve the quality of service-learning programs; “(9) assist organizations in recruiting, screening, and placing service-learning coordinators; and “(10) carry out such other activities as the Chief Executive Officer determines to be appropriate.”. (b) Higher Education Innovative Projects.— Subtitle B of title I of the National and Community Service Act of 1990 (42 U.S.C. 12531 et seq.) is amended by striking part II and inserting the following: “PART II— HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY SERVICE “SEC. 119. HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY SERVICE. “(a) Purpose.— It is the purpose of this part to expand participation in community service by supporting innovative community service programs carried out through institutions of higher education, acting as civic institutions to meet the human, educational, environmental, or public safety needs of neighboring communities. “(b) General Authority.— The Corporation, in consultation with the Secretary of Education, is authorized to make grants to, and enter into contracts with, institutions of higher education (including a combination of such institutions), and partnerships comprised of such institutions and of other public or private non-profit organizations, to pay for the Federal share of tne cost of— “(1) enabling such an institution or partnership to create or expand an organized community service program that— “(A) engenders a sense of social responsibility and commitment to the community in which the institution is located; and “(B) provides projects for participants, who shall be students, faculty, administration, or staff of the institution, or residents of tne community; “(2) supporting student-initiated and student-designed community service projects through the program; “(3) strengthening the leadership and instructional capacity of teachers at the elementary, secondary, and postsecondary levels, with respect to service-learning, by— “(A) including service-learning as a key component of the preservice teacher education of the institution; and 107 STAT. 838 “(B) encouraging the faculty of the institution to use service-learning methods throughout their curriculum; “(4) facilitating the integration of community service carried out under the program into academic curricula, including integration of clinical programs into the curriculum for students in professional schools, so that students can obtain credit for their community service projects; “(5) supplementing the funds available to carry out work-study programs under part C of title IV of the Higher Education Act of 1965 (42 U.S.C. 2751 et seq.) to support service-learning and community service through the community service program; “(6) strengthening the service infrastructure within institutions of higher education in the United States through the program; and “(7) providing for the training of teachers, prospective teachers, related education personnel, and community leaders in the skills necessary to develop, supervise, and organize service-learning. “(c) Federal Share.— “(1) Share.— “(A) In general.— The Federal share of the cost of carrying out a community service project for which a grant or contract is awarded under this part may not exceed 50 percent. “(B) Calculation.— Each recipient of assistance under this part shall comply with section 116(a)(2). “(2) Waiver.— The Chief Executive Officer may waive the requirements of paragraph (1), in whole or in part, as provided in section 116(b). “(d) Application for Grant.— “(1) Submission.— To receive a grant or enter into a contract under this part, an institution or partnership described in subsection (b) shall prepare, submit to the Corporation, and obtain approval of, an application at such time, in such manner, and containing such information and assurances as the Corporation may reasonably require. In requesting applications for assistance under this part, the Corporation shall specify such required information and assurances. “(2) Contents.— An application submitted under paragraph (1) shall contain, at a minimum— “(A) assurances that— “(i) prior to the placement of a participant, the applicant will consult with the appropriate local labor organization, if any, representing employees in the area who are engaged in the same or similar work as that proposed to be carried out by such program, to prevent the displacement and protect the rights of such employees; and “(ii) the applicant will comply with the nonduplication and nondisplacement provisions of section 177 and grievance procedure requirements of section 176(f); and “(B) such other assurances as the Chief Executive Officer may reasonably require. “(e) Priority.— 107 STAT. 839 “(1) In general.— In making grants and entering into contracts under subsection (b), the Corporation shall give priority to applicants that submit applications containing proposals that— “(A) demonstrate the commitment of the institution of higher education, other than by demonstrating the commitment of the students, to supporting the community service projects carried out under the program; “(B) specify the manner in which the institution will promote faculty, administration, and staff participation in the community service projects; “(C) specify the manner in which the institution will provide service to the community through organized programs, including, where appropriate, clinical programs for students in professional schools; “(D) describe any partnership that will participate in the community service projects, such as a partnership comprised of— “(i) the institution; “(ii) (I) a community-based agency; “(II) a local government agency; or “(III) a nonprofit entity that serves or involves school-age youth or older adults; and “(iii) a student organization; “(E) demonstrate community involvement in the development of the proposal; “(F) specify that the institution will use such assistance to strengthen the service infrastructure in institutions of higher education; or “(G) with respect to projects involving delivery of service, specify projects that involve leadership development of school-age youth. “(2) Determination.— In giving priority to applicants under paragraph (1), the Corporation shall give increased priority to such an applicant for each characteristic described in subparagraphs (A) through (G) of paragraph (1) that is reflected in the application submitted by the applicant. “(f) National Service Educational Award.— A participant in a program funded under this part shall be eligible for the national service educational award described in subtitle D, if the participant served in an approved national service position. “(g) Definition.— Notwithstanding section 101(29), as used in this part, the term ‘student’ means an individual who is enrolled in an institution of higher education on a full- or part-time basis.”. (c) Table of Contents.— Section 1(b) of the National and Community Service Act of 1990 (Public Law 101–610; 104 Stat. 3127) is amended by striking the items relating to subtitle B of title I of such Act and inserting the following: “Subtitle B— School-Based and Community-Based Service-Learning Programs “Part I— Serve-America Programs “SUBPART A— SCHOOL-BASED PROGRAMS FOR STUDENTS “Sec. 111. Authority to assist States and Indian tribes. “Sec. 111A. Authority to assist local applicants in nonparticipating States. “Sec. 111B. Authority to assist public or private nonprofit organizations. “Sec. 112. Grants and allotments. “Sec. 113. State or tribal applications. “Sec. 114. Local applications. 107 STAT. 840 “Sec. 115. Consideration of applications. “Sec. 115A. Participation of students and teachers from private schools. “Sec. 116. Federal, State, and local contributions. “Sec. 116A. Limitations on uses of funds. “Sec. 116B. Definitions. “SUBPART B— COMMUNITY-BASED SERVICE PROGRAMS FOR SCHOOL-AGE YOUTH “Sec. 117. Definitions. “Sec. 117A. General authority. “Sec. 117B. State applications. “Sec. 117C. Local applications. “Sec. 117D. Consideration of applications. “Sec. 117E. Federal, State, and local contributions. “Sec. 117F. Limitations on uses of funds. “SUBPART C— CLEARINGHOUSE “Sec. 118. Service-learning clearinghouse. “Part II— Higher Education Innovative Programs for Community Service “Sec. 119. Higher education innovative programs for community service.”.