[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5114 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 5114
To establish the 21st Century Conservation Service Corps to place youth
and veterans in the United States in national service positions to
protect, restore, and enhance the great outdoors of the United States,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2016
Ms. McSally (for herself, Mr. Moulton, Mr. Newhouse, Mr. Gibson, and
Mr. Huffman) introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To establish the 21st Century Conservation Service Corps to place youth
and veterans in the United States in national service positions to
protect, restore, and enhance the great outdoors of the United States,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Conservation Service
Corps Act of 2016''.
SEC. 2. PURPOSE.
The purpose of this Act is to engage youth and veterans in the
United States in national service positions to protect, restore, and
enhance the outdoors of the United States, including to--
(1) channel widespread interest among youth and veterans in
the United States in serving in national service positions to
help protect, restore, enhance, and increase public access to
and use of national parks, public and tribal land or water, and
natural, cultural, and historical resources and treasures for
the enjoyment and use of future generations while spurring
economic development and outdoor recreation by carrying out
high-quality, cost-effective 21CSC projects;
(2) ensure that, in any State, tribal land or water, or
territory of the United States, the activities and expertise of
21CSC participants will be accessible to public organizations,
nonprofit organizations, and tribal agencies responsible for
the stewardship of public land or water, private land or water
(with a direct or recognized public benefit and in coordination
with the owner of such land or water), or tribal land or water;
and
(3) place youth and veterans in national service positions
to protect, restore, and enhance the great outdoors of the
United States, through collaborative efforts involving relevant
Federal departments and Federal agencies to minimize undue
duplication, leverage existing resources, and maximize project
completion in a cost-effective manner.
SEC. 3. DEFINITIONS.
In this Act:
(1) 21CSC organization.--The term ``21CSC organization''
means an organization that is approved by a participating
entity for participation in the 21st Century Conservation
Service Corps.
(2) 21CSC participant.--The term ``21CSC participant''
means an individual who is selected by a 21CSC organization to
serve on a 21CSC project.
(3) 21CSC project.--The term ``21CSC project'' means a
project that is carried out by a 21CSC organization.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002), except that such term shall not include--
(A) an institution outside the United States, as
described in subsection (a)(1)(C) of such section; and
(B) an institution described in section 101(b) of
such Act (20 U.S.C. 1001(b)).
(5) Participating entity.--The term ``participating
entity'' means a Federal entity headed by an officer described
in any of paragraphs (1) through (13) of section 5(b).
(6) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
(7) Tribal agency.--The term ``tribal agency'' has the
meaning given the term ``Indian tribe'' in section 101 of the
National and Community Service Act of 1990 (42 U.S.C. 12511).
(8) Tribal land or water.--The term ``tribal land or
water'' means any real property or water owned by a tribal
agency, any real property or water held in trust by the United
States for an Indian (for the purpose of this paragraph, as
defined in such section) or tribal agency, and any real
property or water held by an Indian or tribal agency that is
subject to restrictions on alienation imposed by the United
States.
(9) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of title 38, United States Code.
(10) Youth.--The term ``youth'' means an individual who is
not younger than age 15 and not older than age 28.
SEC. 4. ESTABLISHING THE 21ST CENTURY CONSERVATION SERVICE CORPS.
There is established a 21st Century Conservation Service Corps
(referred to in this Act as the ``21CSC''), consisting of 21CSC
organizations and 21CSC participants and in partnership with the
participating entities, to carry out the purpose of this Act.
SEC. 5. PARTICIPATING ENTITIES.
(a) In General.--The 21CSC shall be implemented jointly by the
participating entities, which shall have the authority to support the
21CSC by carrying out the activities described in subsection (c).
(b) List of Entities.--The participating entities shall be the
entities headed by each of the following officers:
(1) The Secretary of the Interior.
(2) The Secretary of Agriculture.
(3) The Secretary of Transportation.
(4) The Secretary of Labor.
(5) The Secretary of Energy.
(6) The Secretary of Defense.
(7) The Secretary of Veterans Affairs.
(8) The Secretary of Commerce.
(9) The Administrator of the Environmental Protection
Agency.
(10) The Chair of the Council on Environmental Quality.
(11) The Chief Executive Officer of the Corporation for
National and Community Service.
(12) The Assistant Secretary of the Army (Civil Works).
(13) The head of any other Federal agency designated by the
President as necessary to serve as a participating entity.
(c) Supporting the 21CSC.--
(1) In general.--The participating entities may support the
21CSC by--
(A) establishing standards for the 21CSC;
(B) establishing a process for organizations to
apply and be approved to become 21CSC organizations;
(C) developing and supporting the public-private
partnerships described in subsection (e)(1);
(D) using or leveraging existing funding or
acquiring funding and other resources under section 7
to support 21CSC projects through the cooperative
agreements described in subsection (e);
(E) leveraging existing resources described in
section 7(b) to expand the use of the 21CSC to meet the
missions of such entities;
(F) utilizing technology to support 21CSC projects;
and
(G) collecting performance data on 21CSC projects
to prepare the reports required by paragraph (3)(A) and
demonstrate the impact of such projects.
(2) Coordination to minimize undue duplication and maximize
project completion in a cost-effective manner.--
(A) Coordination with federal departments and
agencies.--The participating entities shall coordinate
with each other and with Federal departments and
Federal agencies, affected by or engaging in activities
that are similar to 21CSC projects, to--
(i) minimize to the greatest extent
possible any undue duplication with specific
project activities performed by the Federal
departments and Federal agencies described in
this subparagraph; and
(ii) maximize project completion in a cost-
effective manner by collaborating to leverage
existing resources described in section 7(b).
(B) Coordination among entities.--Each
participating entity shall, when feasible, coordinate
activities with other participating entities to approve
21CSC organizations and collect the data required by
paragraph 3(A).
(C) Guidance.--The participating entities shall,
when practicable, seek guidance from--
(i) the Corporation for National and
Community Service, which has extensive
experience in developing and administering
national service programs; and
(ii) the Department of Veterans Affairs on
ways to increase participation of veterans in
21CSC projects.
(3) Reporting.--
(A) 21CSC reports.--
(i) In general.--Not later than 1 year
after the date of enactment of this Act, and
annually thereafter, all participating entities
shall submit the required data described in
clause (ii) to the Corporation for National and
Community Service.
(ii) Required data.--The Corporation for
National and Community Service, in coordination
with the participating entities, shall prepare
and submit an annual report to Congress that
includes required data, for the year covered by
the report, consisting of--
(I) the number of 21CSC
participants engaging in 21CSC projects
and the length of the term of service
for each participant;
(II) the total amount of funding
provided by participating entities for
such service;
(III) the type of service performed
by 21CSC participants and the impact
and accomplishments of such service;
and
(IV) other similar data determined
to be appropriate by the Corporation
for National and Community Service and
the participating entities, including
data sufficient to determine the
effectiveness of 21CSC organizations in
carrying out activities to achieve the
purpose of this Act in a manner that is
cost-effective and does not unduly
duplicate or overlap with other
activities or programs carried out by
Federal departments and Federal
agencies.
(iii) Data collection.--The Corporation for
National and Community Service may coordinate
with 21CSC organizations to collect the
required data described in clause (ii).
(B) Comptroller general reports.--The Comptroller
General of the United States shall prepare and submit
to Congress an interim report, not later than 1 year
after the date of submission of the first report under
subparagraph (A)(ii), and a final report, not later
than 3 years after such date of submission, that
includes--
(i) an assessment, based on the data
described in subparagraph (A)(ii), of the
effectiveness of 21CSC organizations in
achieving the purpose of this Act in a manner
that is cost-effective and does not unduly
duplicate or overlap with other activities or
programs carried out by Federal departments and
Federal agencies; and
(ii) recommendations on how to more
effectively manage and carry out 21CSC projects
to achieve the purpose of this Act in the
manner described in clause (i).
(C) Additional reports.--The Comptroller General of
the United States may prepare and submit to Congress
additional reports including the content described in
subparagraph (B) as the Comptroller General determines
necessary.
(d) Gifts and Donations.--The participating entities may accept,
use, and dispose of contributions that are gifts or donations of money,
services, or property to support the development, implementation, and
expansion of 21CSC projects, in accordance with applicable laws,
including regulations.
(e) Cooperative Agreements With 21CSC Organizations.--
(1) In general.--Each participating entity shall have the
authority to--
(A) develop public-private partnerships with 21CSC
organizations by entering into cooperative agreements
with such organizations to support and carry out 21CSC
projects; and
(B) leverage existing resources described in
section 7(b) to support such cooperative agreements.
(2) Type of cooperative agreement.--A cooperative agreement
under this subsection may be--
(A) limited to an agreement for a specific 21CSC
project;
(B) a broad agreement covering multiple planned or
future 21CSC projects; or
(C) an agreement for a 21CSC project to be part of
a broader conservation service corps initiative carried
out in partnership with a Federal or State government
or a tribal agency.
(3) Set share.--A cooperative agreement under this
subsection shall include provisions specifying the share that
the 21CSC organization will provide under section 7(c).
SEC. 6. 21CSC ORGANIZATIONS AND 21CSC PROJECTS.
(a) 21CSC Organizations.--To be approved as a 21CSC organization,
an organization seeking approval shall, to the maximum extent
practicable, demonstrate the capability to meet, and provide an
assurance that the organization will meet, each requirement under
subsection (b).
(b) 21CSC Projects.--
(1) 21CSC participants engaged by 21csc organizations.--
(A) In general.--In carrying out a 21CSC project,
to the maximum extent practicable, a 21CSC organization
shall select individuals to be 21CSC participants who,
in addition to meeting the requirements of subparagraph
(B), are--
(i) youth, notwithstanding the requirements
under paragraphs (3) and (4) of section 137(a)
of the National and Community Service Act of
1990 (42 U.S.C. 12591(a)) for any 21CSC
participant participating in a 21CSC project
supported and carried out by the Corporation
for National and Community Service; or
(ii) veterans not older than age 35.
(B) Citizenship requirement.--To be selected as a
21CSC participant, an individual shall be--
(i) a citizen or national of the United
States; or
(ii) a lawful permanent resident alien of
the United States.
(C) Emphasis on diversity and inclusion.--In
selecting 21CSC participants, the organization shall
make deliberate outreach efforts to engage
traditionally underserved populations, including
veterans and disadvantaged youth (as defined in section
101 of the National and Community Service Act of 1990
(42 U.S.C. 12511)).
(2) Compensation for participants.--The organization shall
provide compensation to each 21CSC participant that shall
include 1 or more of the following:
(A) A wage.
(B) A stipend.
(C) A living allowance.
(D) An educational credit that may be applied
towards a program of postsecondary education at a
participating institution of higher education that
agrees to award such credit for participation in a
21CSC project.
(3) Organization of service for participants.--
(A) In general.--In carrying out the 21CSC project,
the organization shall, to the maximum extent
practicable, organize 21CSC participants as--
(i) crew-based participants who--
(I) serve together with other crew-
based participants; and
(II) are directly supervised by
trained and experienced crew-based
leaders or conservation professionals;
or
(ii) individual or small team-based
participants who serve--
(I) individually or in a
coordinated small team;
(II) under the direction of
conservation professionals; and
(III) on initiatives that require
specific skills and dedicated
attention.
(B) Veteran and civilian cooperation.--The
organization shall, to the extent practicable,
encourage cooperation among veteran and civilian 21CSC
participants.
(4) 21CSC projects.--The organization shall carry out a
21CSC project that includes national service involving--
(A) protecting, restoring, and enhancing national
parks, public and tribal land or water, and natural,
cultural, and historical resources and treasures;
(B) supporting outdoor recreation and urban green
spaces;
(C) restoring and safeguarding the natural
resources of the United States, such as through trail
maintenance, removal of invasive species, wildfire
prevention, historic preservation, and disaster relief;
or
(D) service that is primarily indoors, such as
service in science, policy, or program internships,
with a clear benefit for natural, cultural, or historic
resources or treasures.
(5) 21CSC participant outcomes.--In carrying out a 21CSC
project, the organization shall provide 21CSC participants
with--
(A) job skill development to prepare such
participants for success in the 21st century workforce;
(B) community skill development to help such
participants acquire an ethic of service to others and
become more effective resource and community stewards;
and
(C) a greater understanding of the natural,
cultural, or historic resources or treasures in the
United States.
(c) Exclusion From Prevailing Wage and Hour Laws.--
(1) Prevailing wage and hours laws.--Any form of
compensation, including stipends, provided to 21CSC
participants under subsection (b)(2) shall not be subject to
the requirements of prevailing wage laws under subchapter IV of
chapter 31 of title 40, United States Code.
(2) Nonemployee status.--A 21CSC participant shall not be
considered--
(A) an employee of the 21CSC organization that
selected such participant to serve on a 21CSC project
under this Act, in the same manner as a participant is
excluded under section 101(30) of the National and
Community Service Act of 1990 (42 U.S.C. 12511(30)); or
(B) a Federal employee, and shall not be subject to
the provisions of law relating to Federal employment,
except that such provisions shall apply to any 21CSC
participant to the extent provided for a participant or
crew leader under section 199M(b) of such Act (42
U.S.C. 12655n(b)).
(d) Eligibility for Noncompetitive Hiring Status.--
(1) In general.--A qualified individual described in
paragraph (2) shall be eligible for appointment in the
competitive service in the same manner as Peace Corps
volunteers as prescribed in Executive Order 11103 (22 U.S.C.
2504 note; relating to Providing for the Appointment of Former
Peace Corps Volunteers to the Civilian Career Services), as
amended by Executive Order 12107 (44 Fed. Reg. 1055; relating
to the Civil Service Commission and Labor-Management in the
Federal Service).
(2) Qualified individual.--A qualified individual described
in this subsection is an individual who is certified by the
corresponding participating entities as having successfully
completed 1 or more terms of service, as determined by an
agreement between the 21CSC organization and the 21CSC
participant, that, in total, are not less than 640 hours.
(3) Period.--A qualified individual described in paragraph
(2) shall be eligible for an appointment under paragraph (1)
during the 2-year period beginning on the date on which such
individual completes 1 or more terms of service, as determined
under paragraph (2), that, in total, are not less than 640
hours.
SEC. 7. FUNDING.
(a) Investments.--
(1) In general.--In addition to using funding provided
under subsections (b) and (c), to fund 21CSC projects, each
21CSC organization shall leverage the funds provided under such
subsections by soliciting in-cash or in-kind contributions from
public or private sources.
(2) Methods.--To leverage the funds under paragraph (1),
each 21CSC organization may solicit contributions by using
innovative strategies, such as crowd-funding.
(b) Existing Resources.--In addition to using funding provided
under subsections (a) and (c), to fund a 21CSC project, each
participating entity shall be limited to using existing resources that
have been appropriated or allocated to such participating entity, as of
the period of implementation of such 21CSC project, under laws and
authorities other than this Act.
(c) Set Share.--A 21CSC organization conducting a 21CSC project
shall provide a share of not less than 10 percent of the total cost of
such project. The organization may provide the share in cash or in kind
from State, local, or private sources.
SEC. 8. RULE OF CONSTRUCTION.
Except as provided in section 6(b)(1)(A)(i), the requirements and
authorities provided under this Act for 21CSC participants, 21CSC
organizations, and participating entities with respect to a 21CSC
project shall be in addition to the requirements and authorities
provided under other Federal law for such participants, organizations,
and entities with respect to that project.
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