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Amendments to H.R.1388 (G.I.V.E. Act) passed yesterday (24 March)

25 March, 2009

How our Congress works.   No quorom, few Senators present, lots of self-praise and amendments that were not read and are difficult to read on thomas.gov because the page keeps timing out.

Reminder:  The G.I.V.E. Act is in one of the tabs on my home page

Because of the difficulty linking and or finding all these amendments I am just printing mostly brief summaries as a guide to you who want to search further.  All this info is at thomas.gov:  search   H.R.1388  – all amendments,  page of congressional record.  But unless you copy it all, it will time out.  Spread the word.

1. Barbara Mikulski , (Maryland)  Chair of  Health, Education, Labor and Pensions Committee:     S. AMDT  687

Ms. MIKULSKI. I ask unanimous consent that reading of the amendment be dispensed with. (emphasis mine)

TITLE I–AMENDMENTS TO NATIONAL AND COMMUNITY SERVICE ACT OF 1990SEC. 1001. REFERENCES. Turns out that the amendment can be read at thomas.gov but it is huge – once again:

Except as otherwise specifically provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the amendment or repeal shall be considered to be made to a provision of the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.). Subtitle A–Amendments to Subtitle A (General Provisions)SEC. 1101. PURPOSES. Section 2(b) (42 U.S.C. 12501(b)) is amended– (1) in paragraph (2), by striking “community throughout” and inserting “community and service throughout the varied and diverse communities of”; (2) in paragraph (4), by inserting after “income,” the following: “geographic location,”; (3) in paragraph (6), by inserting after “existing” the following: “national”; (4) in paragraph (7)– (A) by striking “programs and agencies” and inserting “programs, agencies, and communities”; and (B) by striking “and” at the end; (5) in paragraph (8), by striking the period and inserting a semicolon; and (6) by adding at the end the following: “(9) expand and strengthen service-learning programs through year-round opportunities, including opportunities during the summer months, to improve the education of children and youth and to maximize the benefits of national and community service, in order to renew the ethic of civic responsibility and the spirit of community for children and youth throughout the United States; “(10) assist in coordinating and strengthening Federal and other service opportunities, including opportunities for participation in emergency and disaster preparedness, relief, and recovery; “(11) increase service opportunities for the Nation’s retiring professionals, including such opportunities for those retiring from the science, technical, engineering, and mathematics professions, to improve the education of the Nation’s youth and keep America competitive in the global knowledge economy, and to further utilize the experience, knowledge, and skills of older individuals; “(12) encourage the continued service of the alumni of the national service programs, including service in times of national need; “(13) encourage individuals age 55 or older to partake of service opportunities; “(14) focus national service on the areas of national need such service has the capacity to address, such as improving education, increasing energy conservation, improving the health status of economically disadvantaged individuals, and improving economic opportunity for economically disadvantaged individuals; “(15) recognize and increase the impact of social entrepreneurs and other nonprofit community organizations in addressing national and local challenges; “(16) increase public and private investment in nonprofit community organizations that are effectively addressing national and local challenges and encourage such organizations to replicate and expand successful initiatives;

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“(17) leverage Federal investments to increase State, local, business, and philanthropic resources to address national and local challenges; “(18) support institutions of higher education that engage students in community service activities and provide high-quality service-learning opportunities; and “(19) recognize the expertise veterans can offer to national service programs, expand the participation of the veterans in the national service programs, and assist the families of veterans and members of the Armed Forces on active duty.”. SEC. 1102. DEFINITIONS. (a) In General.–Section 101 (42 U.S.C. 12511) is amended– (1) in paragraph (3), by striking “described in section 122”; (2) in paragraph (13), by striking “section 101(a) of the Higher Education Act of 1965” and inserting “sections 101(a) and 102(a)(1) of the Higher Education Act of 1965”; (3) in paragraph (17)(B), by striking “program in which the participant is enrolled” and inserting “organization receiving assistance under the national service laws through which the participant is engaging in service”; (4) in paragraph (19)– (A) by striking “section 111(a)” and inserting “section 112(a)”; (B) by striking “117A(a),”; (C) by striking “119(b)(1), or 122(a),” and inserting “118A, or 118(b)(1), or subsection (a), (b), or (c) of section 122,”; (D) by inserting “section 198B, 198C, 198G, 198H, or 198K,” after “section 152(b),”; and (E) by striking “198, 198C, or 198D” and inserting “179A, 198, 198O, 198P, or 199N”; (5) in paragraph (21)(B)– (A) by striking “602” and inserting “602(3)”; and (B) by striking “1401” and inserting “1401(3)”; (6) in paragraph (24), by striking “section 111” and inserting “section 112”; (7) in paragraph (26), by striking the second sentence; and (8) by adding at the end the following: “(30) ALASKA NATIVE-SERVING INSTITUTION.–The term `Alaska Native-serving institution’ has the meaning given the term in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). “(31) APPROVED SILVER SCHOLAR POSITION.–The term `approved silver scholar position’ means a position, in a program described in section 198C(a), for which the Corporation has approved the provision of a silver scholarship educational award as one of the benefits to be provided for successful service in the position. “(32) APPROVED SUMMER OF SERVICE POSITION.–The term `approved summer of service position’ means a position, in a program described in section 119(c)(8), for which the Corporation has approved the provision of a summer of service educational award as one of the benefits to be provided for successful service in the position. “(33) ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC ISLANDER-SERVING INSTITUTION.–The term `Asian American and Native American Pacific Islander-serving institution’ has the meaning given the term in section 320(b) of the Higher Education Act of 1965 (20 U.S.C. 1059g(b)). “(34) AUTHORIZING COMMITTEES.–The term `authorizing committees’ means the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. “(35) COMMUNITY-BASED ENTITY.–The term `community-based entity’ means a public or private nonprofit organization that– “(A) has experience with meeting unmet human, educational, environmental, or public safety needs; and “(B) meets other such criteria as the Chief Executive Officer may establish. “(36) DISADVANTAGED YOUTH.–The term `disadvantaged youth’ includes those youth who are economically disadvantaged and 1 or more of the following: “(A) Who are out-of-school youth, including out-of-school youth who are unemployed. “(B) Who are in or aging out of foster care. “(C) Who have limited English proficiency. “(D) Who are homeless or who have run away from home.

“(E) Who are at-risk to leave secondary school without a diploma. “(F) Who are former juvenile offenders or at risk of delinquency. “(G) Who are individuals with disabilities. “(37) ENCORE SERVICE PROGRAM.–The term `encore service program’ means a program, carried out by an eligible entity as described in subsection (a), (b), or (c) of section 122, that– “(A) involves a significant number of participants age 55 or older in the program; and “(B) takes advantage of the skills and experience that such participants offer in the design and implementation of the program. “(38) HISPANIC-SERVING INSTITUTION.–The term `Hispanic-serving institution’ has the meaning given such term in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)). “(39) HISTORICALLY BLACK COLLEGE OR UNIVERSITY.–The term `historically black college or university’ means a part B institution, as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061). “(40) MEDICALLY UNDERSERVED POPULATION.–The term `medically underserved population’ has the meaning given that term in section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3)). “(41) NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTION.–The term `Native American-serving, nontribal institution’ has the meaning given the term in section 319(b) of the Higher Education Act of 1965 (20 U.S.C. 1059f(b)). “(42) NATIVE HAWAIIAN-SERVING INSTITUTION.–The term `Native Hawaiian-serving institution’ has the meaning given the term in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). “(43) PREDOMINANTLY BLACK INSTITUTION.–The term `Predominantly Black Institution’ has the meaning given the term in section 318 of the Higher Education Act of 1965 (20 U.S.C. 1059e). “(44) PRINCIPLES OF SCIENTIFIC RESEARCH.–The term `principles of scientific research’ means principles of research that– “(A) apply rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to the subject matter involved; “(B) present findings and make claims that are appropriate to, and supported by, the methods that have been employed; and “(C) include, appropriate to the research being conducted– “(i) use of systematic, empirical methods that draw on observation or experiment; “(ii) use of data analyses that are adequate to support the general findings; “(iii) reliance on measurements or observational methods that provide reliable and generalizable findings; “(iv) strong claims of causal relationships, only with research designs that eliminate plausible competing explanations for observed results, such as, but not limited to, random-assignment experiments; “(v) presentation of studies and methods in sufficient detail and clarity to allow for replication or, at a minimum, to offer the opportunity to build systematically on the findings of the research; “(vi) acceptance by a peer-reviewed journal or critique by a panel of independent experts through a comparably rigorous, objective, and scientific review; and “(vii) consistency of findings across multiple studies or sites to support the generality of results and conclusions. “(45) 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. “(46) SCIENTIFICALLY VALID RESEARCH.–The term `scientifically valid research’ includes applied research, basic research, and field-initiated research in which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific research. “(47) TERRITORY.–The term `territory’ means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. “(48) TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY.–The term `tribally controlled college or university’ has the meaning given such term in section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801). “(49) VETERAN.–The term `veteran’ has the meaning given the term in section 101 of title 38, United States Code.”. (b) Redesignation.–Section 101 (42 U.S.C. 12511) is amended– (1) by redesignating paragraphs (1) through (49) as paragraphs (1), (3), (8), (9), (10), (12), (14), (15), (19), (20), (21), (22), (23), (24), (26), (29), (30), (31), (34), (35), (37), (39), (40), (41), (42), (43), (44), (45), (46), (2), (4), (5), (6), (7), (11), (13), (16), (17), (18), (25), (27), (28), (32), (33), (36), (38), (47), (48), and (49); and (2) so that paragraphs (1) through (49), as so redesignated in paragraph (1), appear in numerical order. Subtitle B–Amendments to Subtitle B (Learn and Serve America)SEC. 1201. SCHOOL-BASED ALLOTMENTS. Part I of subtitle B of title I (42 U.S.C. 12521 et seq.) is amended to read as follows: “PART I–PROGRAMS FOR ELEMENTARY AND SECONDARY SCHOOL STUDENTS “SEC. 111. PURPOSE. “The purpose of this part is to promote service-learning as a strategy to– “(1) support high-quality service-learning projects that engage students in meeting community needs with demonstrable results, while enhancing students’ academic and civic learning; and “(2) support efforts to build institutional capacity, including the training of educators, and to strengthen the service infrastructure to expand service opportunities. “SEC. 111A. DEFINITIONS. “In this part: “(1) STATE.–The term `State’ means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. “(2) STATE EDUCATIONAL AGENCY.–The term `State educational agency’ means– “(A) a State educational agency (as defined in section 101) of a State; or “(B) for a State in which a State educational agency described in subparagraph (A) has designated a statewide entity under section 112(e), that designated statewide entity.

2. Mike Crapo  (ID)   S. AMDT 688    “…an amendment numbered 688 to amendment No. 687” .

(Purpose: To increase the borrowing authority of the Federal Deposit Insurance Corporation, and for other purposes) At the appropriate place, add the following: SEC. __. INCREASED BORROWING AUTHORITY OF THE FEDERAL DEPOSIT INSURANCE CORPORATION. Section 14(a) of the Federal Deposit Insurance Act (12 U.S.C. 1824(a)) is amended– (1) by striking “$30,000,000,000” and inserting “$100,000,000,000”; (2) by striking “The Corporation is authorized” and inserting the following: “(1) IN GENERAL.–The Corporation is authorized”; (3) by striking “There are hereby” and inserting the following: “(2) FUNDING.–There are hereby”; and (4) by adding at the end the following: “(3) TEMPORARY INCREASES AUTHORIZED.– “(A) RECOMMENDATIONS FOR INCREASE.–During the period beginning on the date of enactment of this paragraph and ending on December 31, 2010, if, upon the written recommendation of the Board of Directors (upon a vote of not less than two-thirds of the members of the Board of Directors) and the Board of Governors of the Federal Reserve System (upon a vote of not less than two-thirds of the members of such Board), the Secretary of the Treasury (in consultation with the President) determines that additional amounts above the $100,000,000,000 amount specified in paragraph (1) are necessary, such amount shall be increased to the amount so determined to be necessary, not to exceed $500,000,000,000. (emphasis mine) “(B) REPORT REQUIRED.–If the borrowing authority of the Corporation is increased above $100,000,000,000 pursuant to subparagraph (A), the Corporation shall promptly submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives describing the reasons and need for the additional borrowing authority and its intended uses.”….

3. Bob Corker (TN)  S. AMDT 689      AMENDMENT TO EXECUTIVE ORDER:

TITLE VI–EFFECTIVE DATESEC. 6101. EFFECTIVE DATE. (a) In General.–This Act, and the amendments made by this Act, take effect on October 1, 2009. (b) Regulations.–Effective on the date of enactment of this Act, the Chief Executive Officer of the Corporation for National and Community Service may issue such regulations as may be necessary to carry out this Act and the amendments made by this Act.

2) VFP PROGRAM.–The term “VfP Program” means the Volunteers for Prosperity

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Program established through Executive Order 13317.   (emphasis mine) (3) VFPSERVE.–The term “VfPServe” means a program established by the VfP Office, in cooperation with the USA Freedom Corps, to provide eligible skilled professionals with fixed amount stipends to offset the travel and living costs of volunteering abroad. SEC. 5103. OFFICE OF VOLUNTEERS FOR PROSPERITY. (a) Functions.–The VfP Office shall pursue the objectives of the VfP Program described in subsection (b) by– (1) implementing the VfPServe Program to provide eligible skilled professionals with matching grants to offset the travel and living expenses of volunteering abroad with nonprofit organizations; (2) otherwise promoting short- and long-term international volunteer service by skilled American professionals, including connecting such professionals with nonprofit organizations, to achieve such objectives; (3) helping nonprofit organizations in the United States recruit and effectively manage additional skilled American professionals for volunteer assignments throughout the developing world; (4) providing recognition for skilled American volunteers and the organizations deploying them; (5) helping nonprofit organizations and corporations in the United States to identify resources and opportunities in international volunteer service utilizing skilled Americans; (6) encouraging the establishment of international volunteer programs for employees of United States corporations; and (7) encouraging international voluntary service by highly skilled Americans to promote health and prosperity throughout the world. (b) VfP Program Objectives.–The objectives of the VfP Program should include– (1) eliminating extreme poverty; (2) reducing world hunger and malnutrition; (3) increasing access to safe potable water; (4) enacting universal education; (5) reducing child mortality and childhood diseases; (6) combating the spread of preventable diseases, including HIV, malaria, and tuberculosis; (7) providing educational and work skill support for girls and empowering women to achieve independence; (8) creating sustainable business and entrepreneurial opportunities; and (9) increasing access to information technology. (c) Volunteers for Prosperity Service Incentive Program.– (1) IN GENERAL.–The VfP Office may provide matching grants to offset the travel and living costs of volunteering abroad to any eligible organization that– (A) has members who possess skills relevant to addressing any objective described in subsection (b); and (B) provides a dollar-for-dollar match for such grant– (i) through the organization with which the individual is serving; or (ii) by raising private funds. (2) NONDISCRIMINATION REQUIREMENT.–The VfP Office may not provide a stipend to an individual under paragraph (1) unless the nonprofit organization to which the individual is assigned has certified to the VfP Office that it does not discriminate with respect to any project or activity receiving Federal financial assistance, including a stipend under this title, because of race, religion, color, national origin, sex, political affiliation, or beliefs. (3) COMPLIANCE WITH INELIGIBLE SERVICE CATEGORIES.–Service carried out by a volunteer receiving funds under this section may not provide a direct benefit to any– (A) business organized for profit; (B) labor union; (C) partisan political organization; or (D) religious or faith-based organization for the purpose of proselytization, worship or any other explicitly religious activity. (d) Funding.– (1) IN GENERAL.–The Administrator of the United States Agency for International Development shall make available the amounts appropriated pursuant to section 5104 to the VfP Office to pursue the objectives described in subsection (b) by carrying out the functions described in subsection (a). (2) USE OF FUNDS.–Amounts made available under paragraph (1) may be used by the VfP Office to provide personnel and other resources to develop, manage, and expand the VfP Program, under the supervision of the United States Agency for International Development. (e) Coordination.–The VfP Office shall coordinate its efforts with other public and private efforts that aim to send skilled professionals to serve in developing nations. (f) Report.–The VfP Office shall submit an annual report to Congress on the activities of the VfP Office. SEC. 5104. AUTHORIZATION OF APPROPRIATIONS. (a) In General.–There are authorized to be appropriated to carry out this title $10,000,000 for fiscal year 2010, and such sums as may be necessary for each of the fiscal years 2011 through 2014. (b) Allocation of Funds.–Not more than 10 percent of the amounts appropriated pursuant to subsection (a) may be expended for the administrative costs of the United States Agency for International Development to manage the VfP Program.

4. John Ensign (NV) S. AMDT 690

On page 145, strike lines 4 through 10 and insert the following: shall assess against the national service program a charge for the amount of any associated payment or potential payment from the National Service Trust.”.

5.  Byron Dorgan (ND) S.  AMDT 691

Section 129(d) of the National and Community Service Act of 1990 (as amended by section 1306) is amended by striking “and to nonprofit organizations seeking to operate a national service program in 2 or more of those States” and inserting “, to nonprofit organizations seeking to operate a national service program in 2 or more of those States, and to Indian tribes”.Section 193A(b)(23) of the National and Community Service Act of 1990 (as amended by section 1704(1)) is amended by striking “and collect information on challenges facing Native American communities” and inserting “collect information on challenges facing Native American communities, and designate a Strategic Advisor for Native American Affairs to be responsible for the execution of those activities under the national service laws”.

6. Max Baucus (MT)  S. AMDT 692

On page 297, between lines 16 and 17, insert the following: SEC. __. NONPROFIT CAPACITY BUILDING PROGRAM. Subtitle H of title I (42 U.S.C. 12653 et seq.) is amended by adding at the end the following: “PART V–NONPROFIT CAPACITY BUILDING PROGRAM “SEC. 198S. NONPROFIT CAPACITY BUILDING. “(a) Definitions.–In this section: “(1) INTERMEDIARY NONPROFIT GRANTEE.–The term `intermediary nonprofit grantee’ means an intermediary nonprofit organization that receives a grant under subsection (b). “(2) INTERMEDIARY NONPROFIT ORGANIZATION.–The term `intermediary nonprofit organization’ means an experienced and capable nonprofit entity with meaningful prior experience in providing organizational development assistance, or capacity building assistance, focused on small and midsize nonprofit organizations. “(3) NONPROFIT.–The term `nonprofit’, used with respect to an entity or organization, means– “(A) an entity or organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; and “(B) an entity or organization described in paragraph (1) or (2) of section 170(c) of such Code. “(4) STATE.–The term `State’ means each of the several States, and the District of Columbia. “(b) Grants.–The Corporation shall establish a Nonprofit Capacity Building Program to make grants to intermediary nonprofit organizations to serve as intermediary nonprofit grantees. The Corporation shall make the grants to enable the intermediary nonprofit grantees to pay for the Federal share of the cost of delivering organizational development assistance, including training on best practices, financial planning, grantwriting, and compliance with the applicable tax laws, for small and midsize nonprofit organizations, especially those nonprofit organizations facing resource hardship challenges. Each of the grantees shall match the grant funds by providing a non-Federal share as described in subsection (f). “(c) Amount.–To the extent practicable, the Corporation shall make such a grant to an intermediary nonprofit organization in each State, and shall make such grant in an amount of not less than $200,000. “(d) Application.–To be eligible to receive a grant under this section, an intermediary nonprofit organization shall submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may require. The intermediary nonprofit organization shall submit in the application information demonstrating that the organization has secured sufficient resources to meet the requirements of subsection (f). “(e) Preference and Considerations.– “(1) PREFERENCE.–In making such grants, the Corporation shall give preference to intermediary nonprofit organizations seeking to become intermediary nonprofit grantees in areas where nonprofit organizations face significant resource hardship challenges. “(2) CONSIDERATIONS.–In determining whether to make a grant the Corporation shall consider– “(A) the number of small and midsize nonprofit organizations that will be served by the grant; “(B) the degree to which the activities proposed to be provided through the grant will assist a wide number of nonprofit organizations within a State, relative to the proposed amount of the grant; and

“(C) the quality of the organizational development assistance to be delivered by the intermediary nonprofit grantee, including the qualifications of its administrators and representatives, and its record in providing services to small and midsize nonprofit organizations. “(f) Federal Share.– “(1) IN GENERAL.–The Federal share of the cost as referenced in subsection (b) shall be 50 percent. “(2) NON-FEDERAL SHARE.– “(A) IN GENERAL.–The non-Federal share of the cost as referenced in subsection (b) shall be 50 percent and shall be provided in cash. “(B) THIRD PARTY CONTRIBUTIONS.– “(i) IN GENERAL.–Except as provided in clause (ii), an intermediary nonprofit grantee shall provide the non-Federal share of the cost through contributions from third parties. The third parties may include charitable grantmaking entities and grantmaking vehicles within existing organizations, entities of corporate philanthropy, corporations, individual donors, and regional, State, or local government agencies, or other non-Federal sources. “(ii) EXCEPTION.–If the intermediary nonprofit grantee is a private foundation (as defined in section 509(a) of the Internal Revenue Code of 1986), a donor advised fund (as defined in section 4966(d)(2) of such Code), an organization which is described in section 4966(d)(4)(A)(i) of such Code, or an organization which is described in section 4966(d)(4)(B) of such Code, the grantee shall provide the non-Federal share from within that grantee’s own funds. “(iii) MAINTENANCE OF EFFORT, PRIOR YEAR THIRD-PARTY FUNDING LEVELS.–For purposes of maintaining private sector support levels for the activities specified by this program, a non-Federal share that includes donations by third parties shall be composed in a way that does not decrease prior levels of funding from the same third parties granted to the nonprofit intermediary grantee in the preceding year. “(g) Reservation.–Of the amount authorized to provide financial assistance under this subtitle, there shall be made available to carry out this section $5,000,000 for each of fiscal years 2010 through 2014.”.

7. Mike Johanns (NE)  S.AMDT 693

To ensure that organizations promoting competitive and non-competitive sporting events involving individuals with disabilities may receive direct and indirect assistance to carry out national service programs. clip On page 115, line 15, strike “1 percent” and insert “2 percent”.On page 115, line 20, strike “$10,000,000” and insert “$20,000,000”. On page 213, after line 21, insert the following: SEC. 1613. AVAILABILITY OF ASSISTANCE. (a) Findings.–Congress finds the following: (1) Special Olympics is a nonprofit movement with the mission to provide year-round sports training and athletic competition in a variety of Olympic-type sports for children and adults with intellectual disabilities, giving them continuing opportunities to develop physical fitness, demonstrate courage, experience joy, and participate in a sharing of gifts, skills, and friendship with their families, other Special Olympics athletes and the community. (2) With sports at the core, Special Olympics is a leader in the field of intellectual disability, and is making impressive strides in the areas of health, education, family support, research, and policy change for people with intellectual disabilities. (b) Amendment.–Subtitle F of title I is further amended by inserting after section 184 the following:

“SEC. 184A. AVAILABILITY OF ASSISTANCE. On page 49, line 15, insert “(as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)) and as clarified in section 200.19(b)(1) of title 34, Code of Federal Regulations)” after “graduation rate”.

“Notwithstanding any other provision of this Act relating to eligibility, a reference in subtitle C, D, E, or H of title I regarding an entity eligible to receive direct or indirect assistance to carry out a national service program shall include an organization promoting competitive and non-competitive sporting events involving individuals with disabilities (including the Special Olympics), which promote the quality of life for individuals with disabilities.”.

On page 59, line 9, insert “and as clarified in section 200.19(b)(1) of title 34, Code of Federal Regulations” before “; and”.

8. Richard Burr (NC) S.AMDT 694

On page 213, line 4, strike “or” and insert “and”.

9. Richard Burr (NC) S.AMDT 695

On page 19, line 25, insert “and to secondary schools with graduation rates (as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)) and as clarified in section 200.19(b)(1) of title 34, Code of

10. Richard Burr (NC) S.AMDT 696

On page 49, line 15, insert “(as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)) and as clarified in section 200.19(b)(1) of title 34, Code of Federal Regulations)” after “graduation rate”.

On page 59, line 9, insert “and as clarified in section 200.19(b)(1) of title 34, Code of Federal Regulations” before “; and”.

On page 69, line 14, insert “and as clarified in section 200.19(b)(1) of title 34, Code of Federal Regulations” before the semicolon.

11. Jeff Bingham (NM) S.AMDT 700

Add at the end the following:                    TITLE VII–ROOSEVELT SCHOLARSSEC. 7101. SHORT TITLE. This title may be cited as the “Roosevelt Scholars Act of 2009”. SEC. 7102. DEFINITIONS. For purposes of this title– (1) the term “Foundation” means the Theodore Roosevelt Scholarship Foundation, as described in section 7103(a); (2) the term “Board” means the Board of Trustees of the Theodore Roosevelt Scholarship Foundation, as described in section 7103(b); (3) the term “Fund” means the Theodore Roosevelt Memorial Scholarship Trust Fund, as described in section 7107; (4) the term “Federal agency” means an Executive agency, as defined by section 105 of title 5, United States Code; (5) the term “State” includes the District of Columbia; (6) the term “graduate student” means a student in a master’s, law, or doctoral degree program at a university accredited by a nationally recognized accrediting agency or association; (7) the term “undergraduate student” means a student enrolled or accepted for enrollment at a university accredited by a nationally recognized accrediting agency or association; and (8) the term “mission-critical occupational area” refers to those positions that a Federal agency identifies as essential to achieving its strategic goals, as determined through the workforce analysis process of the Federal agency’s workforce planning system. SEC. 7103. THEODORE ROOSEVELT SCHOLARSHIP FOUNDATION. (a) Establishment.–There is established, as an independent establishment in the executive branch of the Government, a foundation to be known as the “Theodore Roosevelt Scholarship Foundation”. (b) Board of Trustees.–The Foundation shall be subject to the supervision and direction of a Board of Trustees. The Board shall be composed of 9 members, plus 1 non-voting ex officio member, as follows: (1) 2 members shall be appointed by the President, with the advice and consent of the Senate, after considering the recommendations made by the Speaker of the House of Representatives in consultation with the minority leader of the House of Representatives. (2) 2 members shall be appointed by the President, with the advice and consent of the Senate, after considering the recommendations made by the President pro tempore of the Senate in consultation with the minority leader of the Senate. (3) 5 members, not more than 3 of whom shall be of the same political party, shall be appointed by the President, with the advice and consent of the Senate, from among individuals who– (A) have demonstrated leadership or expertise in public service or higher education; or (B) represent a Federal agency or a professional association related to mission-critical occupational areas. (4) The Director of the Office of Personnel Management (or a designee) shall serve as a non-voting, ex officio member of the Board. (c) Term of Office.– (1) IN GENERAL.–Except as provided in paragraph (2) or (3), the term of each member (other than the ex officio member) shall be 6 years. (2) INITIAL APPOINTEES.–As designated by the President at the time of appointment, of the members first appointed– (A) 1 member appointed under subsection (b)(2) and 2 members appointed under subsection (b)(3) shall be appointed for a term of 2 years; (B) 1 member appointed under subsection (b)(1) and 2 members appointed under subsection (b)(3) shall be appointed for a term of 4 years; and (C) 1 member appointed under subsection (b)(1), 1 member appointed under subsection (b)(2), and 1 member appointed under subsection (b)(3) shall be appointed for a term of 6 years. (3) VACANCIES.–Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A vacancy on the Board shall be filled in the manner in which the original appointment was made. (d) Compensation.–Members of the Board shall serve without pay, but shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of their duties as members of the Board. SEC. 7104. ROOSEVELT SCHOLARS. (a) In General.–The Foundation shall award scholarships to undergraduate students and graduate students who demonstrate outstanding potential for a career in a mission-critical occupational area within the Federal Government. The recipient of a scholarship under this title shall be known as a “Roosevelt Scholar”. (b) Selection Process.– (1) NATIONWIDE COMPETITION.–The Foundation shall– (A) provide for the conduct of an annual Nationwide competition, including an application and interview process, for the purpose of selecting Roosevelt Scholars; and (B) market the scholarship program to diverse populations. (2) CRITERIA AND PROCEDURES.–The Foundation shall adopt selection criteria and procedures to ensure a diverse cohort of scholarship recipients each year who– (A) at the time of applying for a scholarship under this title, are enrolled in or seeking admission to an accredited full-time undergraduate or graduate degree program in a discipline that is determined by the Foundation to be directly related to 1 or more mission-critical occupational areas within the Federal Government; (B) have been nominated by an appropriate faculty member or other representative of the institution in which they are enrolled, of which they are a graduate, or to which they are seeking admission, or by another individual, who has direct knowledge of the candidate’s academic or work experience; and (C) are citizens or legal permanent residents of the United States. (c) Scholarship Amounts.–Each student awarded a scholarship under this title shall receive, for each academic year in which such student is enrolled full time in the undergraduate or graduate degree program described in subsection (b)(2)(A), the cost of tuition plus a stipend, except that– (1) the stipend awarded under this title to a student for an academic year may not exceed the lesser of– (A) a monthly living stipend of not more than $300 per month and an amount equal to the cost to the student, for such academic year, of– (i) room and board; (ii) books; and (iii) materials and fees associated with coursework; or (B) $12,000 (adjusted annually to reflect any increase in the consumer price index for all urban consumers, as published by the Bureau of Labor Statistics);

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(2) the total scholarship awarded under this title to a student for an academic year, for tuition and stipend combined, may not exceed– (A) $60,000 (adjusted at the same time and in the same manner as the dollar amount under paragraph (1)(B)), minus (B) the sum of all scholarships, grants, or other similar cash awards received by the student for such academic year from any source apart from this title; and (3) scholarships under this title may be awarded to a student for such periods as the Foundation may prescribe, but not to exceed 5 academic years. (d) Scholarship Conditions.– (1) SATISFACTORY PROFICIENCY.–A student awarded a scholarship under this title shall continue to receive the payments provided for under this title only during such periods as the Foundation finds that such student is maintaining satisfactory proficiency and devoting full time to study or research designed to prepare such student for a career in the Federal Government, unless otherwise approved by the Foundation. (2) REPORTS.–The Foundation may require reports containing such information, in such form, and to be filed at such times as the Foundation determines to be necessary from any student awarded a scholarship under this title. Such reports shall be accompanied by a certificate from an appropriate official at the institution of higher education, approved by the Foundation, stating that such individual is making satisfactory progress in, and is devoting essentially full time to study or research, except as otherwise provided in this subsection. SEC. 7105. REQUIREMENTS FOR ROOSEVELT SCHOLARS. (a) Service Requirement.– (1) IN GENERAL.–Each student awarded a scholarship under this title shall be required to enter into a service agreement with the Foundation which provides for such student to complete, in return for the scholarship, a specified period of service with the Federal Government. Under the agreement, the period of service shall be for the number of years equal to the total number of academic years for which the student received a scholarship under this title, except that the total period of service shall not be less than 3 years nor more than 5 years. (2) FAILURE TO FULFILL.– (A) IN GENERAL.–An agreement under this section shall provide that an individual shall, in the event that such individual fails to meet the service requirement under paragraph (1), be required to repay to the Foundation the amount equal to– (i) the total amount of scholarship monies (tuition and stipends combined) received by the individual under such agreement, multiplied by (ii) a fraction, the numerator of which is the amount of service not completed and the denominator of which is the total period of service agreed to. (B) AMOUNT TREATED AS A LOAN.–An amount under this paragraph shall be treated as a Federal Direct Unsubsidized Stafford Loan under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a and following), and shall be subject to repayment, together with interest thereon accruing from the date of the scholarship award, in accordance with terms and conditions specified by the Secretary of Education. (3) REGULATIONS.–The Foundation, in consultation with the Director of the Office of Personnel Management, shall prescribe any regulations necessary to carry out this subsection, including provisions under which the service requirement specified by paragraph (1) or a repayment otherwise required under paragraph (2) may be waived, in whole or in part, in appropriate circumstances. (b) Internship Requirement.– (1) IN GENERAL.–Roosevelt Scholars shall be required to complete at least 1 internship related to their field of study in a Federal agency while earning their undergraduate, graduate, or other advanced degree. (2) REGULATIONS.–The Foundation, in consultation with the Director of the Office of Personnel Management, shall prescribe any regulations necessary to carry out this subsection, including provisions under which the internship requirement specified by subsection (b) may be waived in appropriate circumstances. (c) Participation in Extracurricular Activities.–While earning their undergraduate, graduate, or other advanced degree and during their period of obligated service (as described in subsection (a)), Roosevelt Scholars shall be required, in accordance with such terms as the Foundation shall establish, to participate in extracurricular activities as described in section 7111(a)(5).

(d) Availability as a Source of Information.–

(1) IN GENERAL.–While earning their undergraduate, graduate, or other advanced degree and during their period of obligated service (as described in subsection (a)), Roosevelt Scholars shall be required, in accordance with such terms as the Foundation shall establish, to serve as a resource for– (A) individuals interested in becoming a Roosevelt Scholar or seeking employment with the Federal Government; (B) faculty, career services professionals, and other personnel at universities who advise students on career opportunities with the Federal Government; and (C) Federal agencies which might be interested in promoting, at the institution of higher education at which the student is enrolled, career opportunities with the Federal Government. (2) MEMORANDA OF UNDERSTANDING.–The Foundation may enter into memoranda of understanding with any institution of higher education regarding any facilities or resources that will be made available to Roosevelt Scholars for purposes of this subsection. (3) TRAINING.–The Foundation, in cooperation with the Director of the Office of Personnel Management, may provide for Roosevelt Scholars to receive any training which they might need in order to carry out their responsibilities under this subsection. SEC. 7106. SPECIAL HIRING AUTHORITY. Under such regulations as the Director of the Office of Personnel Management shall prescribe, a Federal agency may make a noncompetitive appointment (in the excepted service, as defined by section 2103 of title 5, United States Code, leading to conversion to career or career-conditional employment) of any Roosevelt Scholar who has successfully completed the program of study for which the scholarship was granted. A noncompetitive appointment under this section shall be for a period not to exceed 2 years, and shall be to a mission-critical occupational area, with the possibility of an extension for one additional year by the employing agency. At the end of the period of the noncompetitive appointment, conversion to career or career-conditional employment in a mission-critical position shall be granted to those Roosevelt Scholars who meet all qualification, suitability, and performance requirements. SEC. 7107. THEODORE ROOSEVELT MEMORIAL SCHOLARSHIP TRUST FUND. (a) Establishment.–There is established in the Treasury of the United States a trust fund to be known as the “Theodore Roosevelt Memorial Scholarship Trust Fund” to be administered by the Foundation. The Fund shall consist of amounts appropriated to it pursuant to section 7113 and amounts paid into the Fund pursuant to section 7110(a)(4). (b) Investment in Interest-Bearing Obligations.– (1) IN GENERAL.–The Secretary of the Treasury shall invest such currently available portions of the Fund as are not, in the judgment of the Secretary, immediately required for payments from the Fund. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. (2) ACQUISITION OF OBLIGATIONS.–For such purpose, such obligations may be acquired– (A) at original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. The purposes for which obligations of the United States may be issued under chapter 31 of title 31, United States Code, are hereby extended to authorize the issuance at par of special obligations exclusively to the Fund. Such special obligations shall bear interest at a rate equal to the average rate of interest, computed as to the end of the calendar month next preceding the date of such issue, borne by all marketable interest-bearing obligations of the United States then forming a part of the public debt; except that where such average rate is not a multiple of one-eighth of 1 percent, the rate of interest of such special obligations shall be the multiple of one-eighth of 1 percent next lower than such average rate. Such special obligations shall be issued only if the Secretary of the Treasury determines that the purchase of other interest-bearing obligations of the United States, or of obligations guaranteed as to both principal and interest by the United States or original issue at the market price, is not in the public interest. (3) SALE AND REDEMPTION OF OBLIGATIONS.–Any obligations acquired by the Fund, except for those special obligations issued exclusively to the Fund, may be sold by the Secretary of the Treasury at the market price, and such special obligations may be redeemed at par plus accrued interest. (4) CREDITS TO FUND.–The interest on, and the proceeds from the sale or redemption of any obligations held in the Fund shall be credited to, and form a part of, the Fund. SEC. 7108. EXPENDITURES AND AUDIT OF TRUST FUND. (a) Authorization of Funding.–The Secretary of the Treasury may pay to the Foundation from the interest and earnings of the Fund such sums as the Board determines are necessary and appropriate to enable the Foundation to carry out the purposes of this title. (b) Audits by Government Accountability Office.–The activities of the Foundation under this title may be audited by the Government Accountability Office under such rules and regulations as may be prescribed by the Comptroller General. Representatives of the Government Accountability Office shall have access to all books, accounts, records, reports, and files and all other papers, things, or property belonging to or in use by the Foundation, pertaining to such activities and necessary to facilitate the audit. SEC. 7109. EXECUTIVE SECRETARY OF THE FOUNDATION. (a) In General.–There shall be an Executive Secretary of the Foundation, who shall be the chief executive officer of the Foundation and shall carry out the functions of the Foundation, subject to the supervision and direction of the Board. The Executive Secretary shall carry out such other functions

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consistent with the provisions of this title as the Board may delegate.(b) Appointment.–The Executive Secretary shall be appointed by the Board and shall be a member of the Senior Executive Service. The Executive Secretary shall have demonstrated significant management experience and shall possess a high level of expertise in the recruitment and retention of personnel. (c) Term of Office.–The Executive Secretary shall serve for a term of 5 years, and may be reappointed. The Executive Secretary may be removed by a vote of 2/3 of the Board membership. (d) Compensation.–The Board shall appoint and fix the compensation of the Executive Secretary at a rate not to exceed the maximum rate for a member of the Senior Executive Service. SEC. 7110. ADMINISTRATIVE PROVISIONS. (a) Powers of the Foundation.–In order to carry out this title, the Foundation may– (1) appoint and fix the compensation of such personnel as may be necessary, at rates not to exceed level IV of the Executive Schedule under section 5315 of title 5, United States Code; (2) procure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by section 3109 of title 5, United States Code, but at rates not to exceed the rate for level IV of the Executive Schedule under section 5315 of title 5, United States Code; (3) prescribe such regulations as it considers necessary to carry out its functions under this title; (4) receive money and other property donated, bequeathed, or devised, without condition or restriction other than that it be used for the purposes of the Foundation, and to use, sell, or otherwise dispose of such property for the purpose of carrying out its functions; (5) accept and utilize the services of voluntary and non-compensated personnel and reimburse them for travel expenses, including per diem, as authorized by section 5703 of title 5, United States Code; (6) enter into contracts, grants, or other arrangements, or modifications thereof, to carry out such provisions of this title, and such contracts or modifications may, with the concurrence of 2/3 of the members of the Board, be entered into without performance or other bonds, and without regard to section 5 of title 41, United States Code; (7) rent office space in the District of Columbia; and (8) make other necessary expenditures. (b) Annual Reports.–The Foundation shall submit to the President and to the Congress an annual report on its operations under this title. (c) Contract Authority.–The Foundation may enter into contracts under this title only to such extent or in such amounts as may be provided for in advance in appropriations Acts. SEC. 7111. ADDITIONAL FUNCTIONS OF THE FOUNDATION. (a) In General.–In addition to its other functions, the Foundation shall– (1) create, maintain, and promote an online directory of all Federal scholarship opportunities available to individuals pursuing temporary or permanent employment with the Federal Government; (2) in consultation with the Director of the Office of Personnel Management and the Chief Human Capital Officers Council, create and maintain an online directory of current mission-critical occupational areas; (3) partner with Federal agencies to place Roosevelt Scholars in positions in the Federal Government; (4) to the extent practical, assist Federal agencies and other Federal scholarship foundations in placing Federal scholarship recipients in positions in the Federal Government; (5) design and implement mandatory extracurricular programs and activities that– (A) promote team-building and create a network and community for past, present, and future Roosevelt Scholars; (B) motivate Roosevelt Scholars to become career Federal employees; (C) are offered regularly during each year in which an individual is receiving a Roosevelt Scholarship, including during intervals between periods of enrollment; (D) expose Roosevelt Scholars to the business, political, demographic, cultural, and economic climate of the Federal Government; and (E) help Roosevelt Scholars to develop leadership qualities; and (6) within 2 years after the date of the enactment of this title, submit to Congress (and make available to the public) a report regarding– (A) any barriers to appointing Roosevelt Scholars and other Federal scholarship recipients to positions in the Federal Government; and (B) recommendations to– (i) remove barriers to appointing Roosevelt Scholars and other Federal scholarship recipients to positions in the Federal Government; and (ii) educate Federal agencies on the best use of personnel flexibilities in the appointment of Federal scholarship recipients, including Roosevelt Scholars. (b) Security Clearances.–The Foundation may, consistent with regulations of the Director of the Office of Personnel Management, request and fund security clearances for Roosevelt Scholars, as necessary. SEC. 7112. EXCLUSION OF ROOSEVELT SCHOLARSHIP AWARDS FROM GROSS INCOME. (a) In General.–Section 117 of the Internal Revenue Code of 1986 (relating to qualified scholarships) is amended by adding at the end the following: “(e) Roosevelt Scholarships.–Gross income shall not include any amount awarded under section 7104 of the Roosevelt Scholars Act of 2009.”. (b) Effective Date.–The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this title. SEC. 7113. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $10,000,000 for fiscal year 2010 and such sums as may be necessary for succeeding fiscal years. On page 69, line 14, insert “and as clarified in section 200.19(b)(1) of title 34, Code of Federal Regulations” before the semicolon.

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