Sec. 4. 21st Century Conservation Service Corps

2,449 words·~11 min read·/bill/115/hr/2987/rh/section-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 204 of the Public Lands Corps Act of 1993 ( 16 U.S.C. 1723 ) is amended to read as follows: There is established the 21st Century Conservation Service Corps, to be comprised of 21CSC organizations and Corpsmembers, to carry out, in partnership with participating entities, the purposes of this title. The head of each participating entity, and the head of any bureau or subdivision of each participating entity, shall designate a 21CSC coordinator to coordinate any activity of the 21CSC or a 21CSC project carried out by the participating entity or the bureau or subdivision of the participating entity.

The 21CSC shall be implemented jointly by the heads of the participating entities, who may support the 21CSC by carrying out the activities described in paragraph (3). The participating entities shall be— the Department of the Interior; the Department of Agriculture; the Department of Transportation; the Department of Labor; the Department of Energy; the Department of Defense; the Department of Veterans Affairs; the Department of Commerce; the Department of Education; the Department of Housing and Urban Development; the Corporation for National and Community Service; the Office of the Assistant Secretary of the Army for Civil Works; the Federal Emergency Management Agency; and any other Federal agency designated by the President as necessary to carry out a 21CSC project.

The head of a participating entity may provide support to the 21CSC by— establishing standards for the 21CSC; establishing a process for an organization to apply and be approved to become a 21CSC organization; developing and supporting a public-private partnership referred to in paragraph (5)(A)(i); using or leveraging existing funds, or acquiring funds and other resources, under section 210 to support 21CSC projects through entering into a cooperative agreement under paragraph (5)(A)(i); leveraging existing resources described in section 210(b) to expand the use of the 21CSC to meet the mission of the participating entity; using technology to support 21CSC projects; and collecting performance data on 21CSC projects— to prepare the reports referred to in subparagraph (C)(i)(I); and to demonstrate the impact of the 21CSC projects.

The heads of each of the participating entities shall, to the maximum extent practicable, coordinate with each other or the head of any other Federal agency that is affected by, or carrying out, an activity that is similar to a 21CSC project— to minimize, to the maximum extent practicable, the duplication of any specific project performed by any other participating entity or Federal agency; and to maximize 21CSC project completion in a cost-effective manner by collaborating to leverage existing resources described in section 210(b).

The head of each participating entity shall, to the maximum extent practicable, coordinate with each other head of a participating entity— to approve organizations as 21CSC organizations; and to collect the data, when practicable in coordination with a national non-Federal 21CSC organization coordinating entity, referred to in items

(aa)through

(dd)of subparagraph (C)(i)(I). The head of each participating entity shall, to the maximum extent practicable, seek guidance from— the Corporation for National and Community Service; the Departments of Veterans Affairs and Labor on methods to increase the participation of veterans in 21CSC projects; the Secretary of the Interior, acting through the Assistant Secretary for Indian Affairs, on methods to increase the participation of Indians in 21CSC projects; the Secretary of Defense on participation for the 21CSC in the Skillbridge program (DoD Instruction 1322.29), and on recruiting generally, to encourage more veteran and transitioning service member engagement in 21CSC projects; the Secretary of Labor and the Secretary of Agriculture on methods to increase rural youth engagement in 21CSC projects; the Secretary of Labor on methods to increase the creation of apprenticeships through 21CSC organizations, private-sector employer partnerships, and identifying career pathways aligned with 21CSC projects; and the Secretary of Education on methods to increase the recognition of Corpsmembers’ experience with 21CSC projects as post-secondary credit at higher education institutions. As soon as practicable after the date of enactment of the 21st Century Conservation Service Corps Act , the Chief Executive Officer of the Corporation for National and Community Service, in coordination with the head of each participating entity, shall submit to Congress a report that includes data, for the year covered by the report, including— the number of Corpsmembers that carried out 21CSC projects and the length of the term of service for each Corpsmember; the total amount of funding provided by participating entities for the service of Corpsmembers; the type of service performed by Corpsmembers and the impact and accomplishments of the service; and any other similar data determined by the Chief Executive Officer of the Corporation for National and Community Service or the head of a participating entity to be appropriate, including data sufficient to determine the effectiveness of 21CSC organizations in carrying out activities to achieve the purposes of this title in a manner that— is cost-effective; and does not unduly duplicate or overlap with any other activity or program carried out by any other Federal agency. Not later than 1 year after the date of enactment of the 21st Century Conservation Service Corps Act , and annually thereafter, the head of each participating entity shall submit to the Chief Executive Officer of the Corporation for National and Community Service the data described in items

(aa)through

(dd)of subclause (I). The Chief Executive Officer of the Corporation for National and Community Service may coordinate with individual 21CSC organizations to improve the collection of the required data described in items

(aa)through

(dd)of subclause (I). The Comptroller General of the United States shall prepare and submit to Congress— not later than 3 years after the date of submission of the first report under clause (i)(I), an interim report; and not later than 5 years after the date of submission of the first report under that clause, a final report. The interim and final reports referred to in subclause

(I)shall include— an assessment, based on the data described in items

(aa)through

(dd)of clause (i)(I), of the effectiveness of 21CSC organizations in achieving the purposes of this title in a manner that— is cost-effective; and does not unduly duplicate or overlap with any other activity or program carried out by any other Federal agency; and recommendations on how to more effectively manage and carry out 21CSC projects to achieve the purposes of this title in the manner described in item (aa). The Comptroller General of the United States may submit to Congress any additional report that includes the content described in subclause (II), as the Comptroller General determines to be necessary. The head of a participating entity may accept, use, or dispose of a contribution that is a gift or donation of money, services, or property to support the development, implementation, and expansion of a 21CSC project, in accordance with applicable law (including regulations). The head of each participating entity may— develop a public-private partnership with a 21CSC organization by entering into a cooperative agreement with the 21CSC organization to support and carry out 21CSC projects; and leverage existing resources described in section 210(b) to support a cooperative agreement. A cooperative agreement under this paragraph may— be limited to an agreement for a specific 21CSC project; be a broad agreement covering multiple planned or future 21CSC projects; or be an agreement for a 21CSC project to be part of a broader 21CSC initiative carried out in partnership with— the Federal Government; a State government; or a tribal agency. A cooperative agreement under this paragraph shall include a provision specifying the cost share that the 21CSC organization will provide under section 210(c). To be considered and approved as a 21CSC organization, an organization shall, to the maximum extent practicable, demonstrate the ability to meet, and provide assurances that the organization will meet, each requirement described in paragraphs

(2)through (6). In addition to meeting the requirement of subparagraph (B), any individual selected by a 21CSC organization to carry out a 21CSC project shall, to the maximum extent practicable, be— a youth, notwithstanding paragraphs

(3)and

(4)of section 137(a) of the National and Community Service Act of 1990 ( 42 U.S.C. 12591(a) ) in the case of any Corpsmember participating in a 21CSC project supported and carried out by the Corporation for National and Community Service; or a veteran not older than age 35. Any individual selected as a Corpsmember shall be— a citizen or national of the United States; a lawful permanent resident of the United States; or a citizen of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau and admitted to the United States as a nonimmigrant under the terms of the applicable Compact of Free Association with the United States. In selecting a Corpsmember, a 21CSC organization shall make deliberate outreach efforts to engage an individual who— lives in the State or region of the 21CSC organization; and represents a traditionally underserved population, including veterans, Indians, and disadvantaged youth (as defined in section 101 of the National and Community Service Act of 1990 ( 42 U.S.C. 12511 )). A 21CSC organization shall provide compensation to each Corpsmember that includes 1 or more of the following: A wage. A stipend. A living allowance. An educational credit that may be applied towards a program of postsecondary education at an institution of higher education that agrees to award the credit for participation in a 21CSC project. In carrying out a 21CSC project, a 21CSC organization shall, to the maximum extent practicable, organize each Corpsmember as— a crew-based participant who— serves together with other crew-based participants; and is directly supervised by a trained and experienced crew-based leader or conservation professional; or an individual or small team-based participant who serves— individually or in a coordinated small team, as applicable; under the direction of a conservation professional; and on an initiative that requires specific skills and dedicated attention. A 21CSC organization shall, to the maximum extent practicable, encourage cooperation among veteran and civilian Corpsmembers. A 21CSC organization shall carry out a 21CSC project that includes national service, and may be a priority project, involving— the conservation, restoration, and enhancement of— a unit of the National Park System or National Forest System; public or tribal land or water; or natural, cultural, or historical resources or treasures; the conservation, restoration, management, and development of the natural resources and infrastructure of the United States, including— removal of invasive species; wildfire prevention and response; disaster resiliency, mitigation, response, and recovery; trail development and maintenance; coastal restoration and resiliency; historic preservation; public safety; energy efficiency and alternative energy; water infrastructure; construction, repair, rehabilitation, or maintenance of— a road; a campground; or any other recreation or visitor facility or housing structure; and any other related project that furthers the purposes of this title; the support, development, and enhancement of outdoor recreation or urban green space for the purpose of public access; service that is primarily indoors, such as service in a science, policy, or program internship, with a clear benefit for natural, cultural, or historic resources or treasures, which may include the provision of interpretation and education services to— the public; or a cooperating association, educational institution, friends group, or similar nonprofit partner organization; and notwithstanding section 132A of the National and Community Service Act of 1990 ( 42 U.S.C. 12584a ), a project described in this paragraph on private land or water in partnership with a private entity if— the project has a direct or recognized public or environmental benefit; or the funding for the project originated from a governmental entity, regardless of the end payor. In carrying out a 21CSC project, a 21CSC organization shall provide each Corpsmember with— in-demand skills development, certification and credentials, and education to prepare the Corpsmember for success in transitioning to the 21st century workforce; community skill development to help the Corpsmember— acquire an ethic of service to others and the United States; and become a more effective natural resource and community steward; and a greater understanding of the natural, cultural, or historic resources or treasures of the United States. A form of compensation provided under subparagraph (A), (B), or

(C)of subsection (d)(3) shall be considered to be established at a specific wage rate, in the same manner as the compensation provided for a living allowance under section 140 of the National and Community Service Act of 1990 ( 42 U.S.C. 12594 ). The compensation provided under subsection (d)(3) to a Corpsmember who is not a participant in a 21CSC project supported by the Corporation for National and Community Service shall not be subject to any provision of (including a regulation under) the National and Community Service Act of 1990 ( 42 U.S.C. 12501 et seq.) relating to a wage rate, but shall be considered to be established at a specific wage rate, in the manner described in subparagraph (A). Nothing in subparagraph

(A)applies a specific wage rate for a living allowance that is established under section 140 of the National and Community Service Act of 1990 ( 42 U.S.C. 12594 ) to the compensation of a Corpsmember under subsection (d)(3). Except as provided in subparagraphs

(B)and (C), in parity with section 101(30) of the National and Community Service Act of 1990 ( 42 U.S.C. 12511(30) ), a Corpsmember shall be considered to be a participant (as defined in section 101 of the National and Community Service Act of 1990 ( 42 U.S.C. 12511 )), not an employee, of the 21CSC organization for which the Corpsmember serves. Notwithstanding subparagraph (A), Federal employment provisions shall apply to a Corpsmember to the extent that those provisions apply to a participant or crew leader under section 199M(b) of the National and Community Service Act of 1990 ( 42 U.S.C. 12655n(b) ). Notwithstanding subparagraph (A)— the child labor provisions under section 12 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 212 ) (including any order or regulation issued under the authority of such section or section 3(l) of such Act ( 29 U.S.C. 203(l) )) shall apply to a Corpsmember and the 21CSC organization for which the Corpsmember serves in the same manner as such provisions apply to an employee and an employer under such Act; and a violation of a section specified in clause

(i)by a 21CSC organization shall be enforced by the Secretary of Labor in the same manner, and subject to the same penalties under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq.), as a violation by an employer of section 12 of such Act ( 29 U.S.C. 212 ). An individual may be enrolled as a Corpsmember without regard to the civil service and classification laws, rules, or regulations. .

Connectionstraces to 10

Traces to 10 documents

U.S. Code