S. 4068 — ACTION for National Service Act

This section provides the table of contents for the Act and specifies that, unless otherwise provided, references to amendments or repeals are to sections or provisions of the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.).

This section redesignates the Corporation for National and Community Service—which administers national service programs under the National and Community Service Act of 1990 (i.e., AmeriCorps, VISTA, and Senior Corps)—as the AmeriCorps Administration and reclassifies it from a government corporation (as defined in 5 U.S.C. §103) to an executive department (as defined in 5 U.S.C. §101). It also adds the AmeriCorps Administration to the statutory list of executive departments in 5 U.S.C. §101.

This section replaces the Corporation for National and Community Service's 15-member Board of Directors (plus ex officio nonvoting members) with a 7-member Advisory Board (referred to as the "Board") in the new Administration, initially composed of prior Board voting members who elect to serve (or Administrator appointees to reach 7), with subsequent members appointed upon term expirations as follows: (1) three by the President, including one individual aged 18-25 (from 16-25) with school- or community-based service experience and one aged 55 or older with National Senior Service Corps or equivalent experience; (2) one by the Speaker of the House; (3) one by the House minority leader; (4) one by the Senate majority leader; and (5) one by the Senate minority leader; eliminates remaining initial members after the first seven without replacement; retains 5-year terms; and requires vacancies to be filled by the original appointing authority. The section also increases required Board meetings to four per year (from three), with one dedicated to reviewing the Administration's long-term and strategic goals, and expands the Board's advisory duties to the Administrator (previously CEO) to include recommendations on program policies and procedures, service program criteria and evaluations, application priorities, grants and payments, personnel actions, research programs, information dissemination, and changes to national service laws.

This section revises the leadership of the Corporation for National and Community Service by (1) redesignating its head as Director, appointed by the President with Senate confirmation and holding the same rank and status as the head of an executive department listed in 5 U.S.C. 101 (i.e., cabinet secretary); (2) adding Director duties to make grants or contracts for volunteer assignments under title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq., except 42 U.S.C. 4958) and enter cost-sharing agreements with federal agencies or nonprofits for national service programs that meet applicable evaluation and performance requirements; (3) permitting the current Chief Executive Officer to serve as the initial Director of the AmeriCorps Administration; and (4) adding the Director of the AmeriCorps Administration to the list of officials in 3 U.S.C. 19(d)(1) authorized to sign bills presented to the President.

This section revises the national service educational award for full-time national service (i.e., AmeriCorps service terms typically lasting one year) to twice the national average yearly cost for in-state tuition and fees at public four-year institutions of higher education (from the maximum Federal Pell Grant amount), for the award year of the approved position. It defines "institution of higher education" by reference to section 148(h).

This section directs the Director of the AmeriCorps Administration, using funds made available under section 501(a)(5) of the National and Community Service Act of 1990, to establish an interagency working group to (1) evaluate and make recommendations on a process for determining eligibility for national service educational awards for participants in national service programs not administered under the Act but described in section 123(2) of the Act (i.e., programs carried out by states, localities, tribes, nonprofits, or others that meet assistance criteria under the Act but have not applied); (2) evaluate the feasibility and advisability of granting federal hiring preference under 5 U.S.C. ch. 33 to individuals who complete a term of service in an approved national service position equivalent in duration to that described in section 139(b)(1) of the Act and receive a national service educational award under section 147(a)(2) of the Act (as amended by section 6); and (3) submit a report to Congress with the results within 12 months of enactment.

This section eliminates the Corporation for National and Community Service's (CNCS) authority to accept donations of property under Section 196(a) of the National and Community Service Act of 1990 (42 U.S.C. 12651g(a)) and establishes the National Service Foundation, a nonprofit corporation, to solicit, accept, hold, administer, and use gifts, devises, or bequests of real or personal property (including encumbered property if for CNCS's benefit) to support CNCS, its activities, services, or former participants. The Foundation is governed by a board consisting of CNCS's Director as ex officio nonvoting Chairman and at least six non-federal members appointed by the Director to staggered initial terms and subsequent six-year terms. Board members serve without compensation but receive travel expenses and, notwithstanding 31 U.S.C. 1342 (which prohibits federal acceptance of voluntary services except in emergencies), may accept voluntary services; the Foundation may invest funds as a District of Columbia trust company could and use CNCS facilities without reimbursement. (Thus, the Foundation operates independently like other federal charitable foundations (e.g., National Park Foundation) to expand private support for AmeriCorps and other CNCS programs.)

This section establishes the 21st Century American service outreach program to inform covered individuals (ages 17 to 30) of national service opportunities. The Corporation for National and Community Service must (1) work with federal, state, and other entities to notify each covered individual upon turning 17—and every two years thereafter unless the individual is serving in a national service program or has opted out—of eligibility and application processes for national service programs (i.e., under the National and Community Service Act of 1990 or title I of the Domestic Volunteer Service Act of 1973), other service options (e.g., Peace Corps or military service), and opt-out rights; (2) enable covered individuals to apply effectively for specific national service programs; and (3) develop a long-term strategy to expand national service positions so that every eligible applicant receives at least one offer.

This section increases the maximum living allowance for National Civilian Community Corps (NCCC) members—provided during training or Corps projects—to 200 percent of the poverty line applicable to a family of two (from 100 percent). It further limits any such increases pursuant to this amendment or others unless appropriations for the relevant programs are sufficient to maintain participant numbers at the prior fiscal year's level (with partial increases as funding permits).

This section revises authorization of appropriations under Section 501(a) of the National and Community Service Act of 1990 (42 U.S.C. 12681(a)) as follows: (1) replaces the prior authorization of such sums as necessary for Divisions C and D through FY2014 with a new paragraph (2) authorizing such sums as necessary for Subtitle C (i.e., Volunteers in Service to America (VISTA) program) for FY2027 through FY2036 based on FY2026 participant levels, and authorizing and appropriating such sums as necessary for Subtitle D national service educational awards (i.e., Segal AmeriCorps Education Awards) for FY2027 and subsequent years based on FY2026 obligations; (2) adds paragraph (7) authorizing such sums as necessary for Subtitle K of title I for FY2027 and subsequent years; and (3) makes a conforming cross-reference change in paragraph (6) and redesignates subsection (b) as subsection (c). The section also adds a new subsection (b) authorizing additional appropriations to the Corporation for National and Community Service (CNCS, known as AmeriCorps) to carry out its programs (including under the National and Community Service Act and Domestic Volunteer Service Act), with a sense of Congress that such sums support national service opportunities for at least 1,000,000 participants annually by September 30, 2036 (beyond base funding under subsection (a)); requires CNCS to develop and implement a plan establishing 250,000 approved national service positions in FY2027 and increasing them through FY2036 to meet this goal (balancing full- and part-time slots, subject to appropriations and quality opportunities); and directs CNCS to report to authorizing committees within one year of enactment on plan status and within eight years on progress toward (and potential to exceed) the goal. (As background, these programs support paid community service positions addressing needs such as education, health, environment, and veterans' services, with participants earning education awards.)

This section directs the Director of the AmeriCorps Administration to submit to the Senate Committee on Health, Education, Labor, and Pensions and the House Committee on Education and the Workforce, not later than 90 days after enactment, a report with recommendations for changes to matching funds or share requirements for recipients of AmeriCorps funding to achieve the 10-year goal described in section 501(b)(2) of the National and Community Service Act of 1990 (42 U.S.C. 12681(b)(2)) and to increase national service programs, activities, and participants in underserved communities.

This section establishes exclusions from gross income for (1) national service educational awards (i.e., Segal AmeriCorps Education Awards) under the National and Community Service Act of 1990, and (2) student loan indebtedness discharged using such awards. The awards, provided to AmeriCorps participants who complete terms of national service, may be used for qualified higher education expenses or student loan repayment and apply to taxable years ending after enactment.

This section establishes a new exclusion from gross income for living allowances provided to national service participants under the National and Community Service Act of 1990 (i.e., AmeriCorps programs), for taxable years beginning after enactment.

This section makes conforming amendments to the National and Community Service Act of 1990 to establish and reference the AmeriCorps Administration in place of the Corporation for National and Community Service. Specifically, it (1) redefines in the definitions section (§101) "Director" as the Director of the AmeriCorps Administration appointed under new §193 and "Administration" as the AmeriCorps Administration established under new §191, strikes certain paragraphs, and reorganizes the remainder into numerical order; (2) replaces "Corporation" with "Administration" (and "corporation" with "administration") in subsection and paragraph headings and text across service-learning programs (§§113, 114, 116), the National Service Trust program (§§121, 122, 129A, 131, 145), National Civilian Community Corps (§159, 165), and administration provisions (§§172, 178); (3) strikes certain requirements and provisions, such as §121(f), NCCC §159(a)(3) and (b)(3), and related Board approval references; (4) updates cross-references, such as in §145 from "section 196(a)(2)" to "section 199P"; and (5) revises AmeriCorps Administration provisions (subtitle G, §§191-193A) by updating headings (e.g., "Chief Executive Officer" to "Director"; "Board of Directors" to "Advisory Board"), shifting the Board's role from approving strategic plans, proposals, and reports to recommending them, and directing the Director to prepare and submit such documents to authorizing committees after reviewing Board recommendations.

This section revises the definitions in section 421 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5061) by (1) defining "Director" as the Director of the AmeriCorps Administration (appointed under section 193 of the National and Community Service Act of 1990), (2) defining "Administration" as the AmeriCorps Administration (established under section 191 of that Act), (3) redesignating the remaining paragraphs as paragraphs (1) through (20) in numerical order, and (4) amending references throughout the Act—including in section 2(b) (42 U.S.C. 4950(b)) and section 201(h) (42 U.S.C. 5001(h))—by striking "Corporation for National and Community Service," "Corporation," and "Chief Executive Officer" and inserting "Director of the AmeriCorps Administration," "Administration," or "Director," as applicable.

This section makes conforming amendments to multiple federal laws—including civil service retirement provisions (5 U.S.C. ch. 83 and §8422(f)(3)), the Inspector General Act (5 U.S.C. §§414, 12), the Homeland Security Act (6 U.S.C. §319), the Volunteers in the National Forests Act (16 U.S.C. §558c), the Public Lands Corps Act (16 U.S.C. §1727a), the Museum and Library Services Act (20 U.S.C. §9103), the Indian Financing Act (25 U.S.C. §1542), government corporation statutes (31 U.S.C. §9101), the Juvenile Justice and Delinquency Prevention Act (34 U.S.C. §11116), the Patient Protection and Affordable Care Act (42 U.S.C. §300u–10), property management laws (40 U.S.C. §550), the Social Security Act (42 U.S.C. §§1382a, 1397n–5), the Older Americans Act (42 U.S.C. §§3012, 3013, 3021, 3026, 3030s–1), the McKinney-Vento Homeless Assistance Act (42 U.S.C. §11312), and the Anti-Drug Abuse Act (42 U.S.C.)—by replacing references to the "Corporation for National and Community Service" with "AmeriCorps Administration" and "Chief Executive Officer of the Corporation for National and Community Service" (or similar) with "Director of the AmeriCorps Administration."