[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1190 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1190

 To require the Secretary of Health and Human Services to establish an 
America Cares Program to provide for the establishment of demonstration 
projects for the provision of vouchers and cash contributions for goods 
and services for homeless individuals, to provide technical assistance 
            and public information, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 1 (legislative day, June 30), 1993

 Mr. Bingaman (for himself, Mrs. Feinstein, and Mr. Harkin) introduced 
the following bill; which was read twice and referred to the Committee 
                      on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of Health and Human Services to establish an 
America Cares Program to provide for the establishment of demonstration 
projects for the provision of vouchers and cash contributions for goods 
and services for homeless individuals, to provide technical assistance 
            and public information, 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 ``America Cares Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) up to 5,000,000 Americans are homeless;
            (2) homeless Americans lack access to basic goods and 
        services;
            (3) many Americans who are not homeless would like to help 
        the homeless meet their basic needs;
            (4) cash contributions, in response to one-to-one requests 
        on the street, are not always the most effective way to assist 
        homeless persons in obtaining food, clothing, and services;
            (5) the Federal Government should facilitate the desire of 
        private persons to help the homeless;
            (6) a successful model program, Berkeley Cares, permits 
        private persons and organizations to purchase vouchers for 
        homeless individuals for redemption for goods and services at 
        participating businesses and to make contributions to Berkeley 
        Cares to purchase vouchers for distribution by homeless service 
        providers; and
            (7) such a program is viable on a National level.

SEC. 3. PURPOSE.

    It is the purpose of this Act--
            (1) to establish the America Cares Program;
            (2) to coordinate public goodwill with the needs of 
        homeless individuals in a constructive manner;
            (3) to assist homeless individuals to gain access to basic 
        goods and services;
            (4) to encourage increased citizen understanding of 
        homelessness; and
            (5) to increase public support of homeless service 
        programs.

SEC. 4. DEFINITIONS.

    For the purposes of this Act:
            (1) Eligible nonprofit organization.--The term ``eligible 
        nonprofit organization'' means a local nonprofit entity--
                    (A) that is established or seeking establishment 
                (subject to approval) as an exempt organization as 
                described in section 501(c)(3) of the Internal Revenue 
                Code of 1986; and
                    (B) that desires to establish a program in a local 
                area to--
                            (i) provide--
                                    (I) vouchers to homeless 
                                individuals; or
                                    (II) cash contributions to 
                                participating homeless service 
                                providers to purchase vouchers to 
                                provide to homeless individuals; and
                            (ii) conduct an educational program 
                        concerning homelessness.
            (2) Homeless individual.--The term ``homeless individual'' 
        has the same meaning given the term under section 103 of the 
        Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11302).
            (3) Homeless service providers.--The term ``homeless 
        service providers'' means nonprofit entities that provide 
        services to homeless individuals.
            (4) Participating retail establishment.--The term 
        ``participating retail establishment'' means any retail 
        establishment that is approved by an eligible nonprofit 
        organization grantee under section 5(b)(11) to accept vouchers 
        for the payment of goods or services.
            (5) Participating homeless service providers.--The term 
        ``participating homeless service providers'' means nonprofit 
        entities that--
                    (A) provide services to homeless individuals; and
                    (B) are approved by an eligible nonprofit 
                organization grantee under section 5(b)(12)--
                            (i) to receive cash contributions--
                                    (I) to purchase vouchers to provide 
                                to homeless individuals; or
                                    (II) to use for the provision of 
                                services to homeless individuals;
                            (ii) to receive vouchers provided under 
                        section 5(a)(10) to provide to homeless 
                        individuals; or
                            (iii) to accept and redeem vouchers from 
                        homeless individuals for the payment of 
                        services.
            (6) Program.--The term ``Program'' means the America Cares 
        Program established under section 5(a).
            (7) Retail establishment.--The term ``retail 
        establishment'' means any retail establishment offering goods 
        or services for sale.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Health and Human Services.
            (9) State.--The term ``state'' means each of the several 
        States of the United States and the District of Columbia.

SEC. 5. AMERICA CARES PROGRAM.

    (a) Establishment.--The Secretary, in accordance with this Act, 
shall establish and carry out a program to benefit homeless individuals 
in America, to be known as the America Cares Program.
    (b) Demonstration Grants.--
            (1) In general.--In carrying out the Program established 
        under subsection (a), the Secretary shall award grants to not 
        less than 60 eligible nonprofit organizations to carry out 
        demonstration projects to--
                    (A) provide--
                            (i) vouchers to homeless individuals under 
                        the program requirements in paragraph (7)(A); 
                        or
                            (ii) provide vouchers to homeless 
                        individuals under the program requirements in 
                        paragraph (7)(A) and cash contributions to 
                        participating homeless service providers under 
                        the program requirements in paragraph (7)(B); 
                        and
                    (B) conduct an educational outreach program within 
                the community at large on homelessness and the voucher 
                program.
            (2) Special rule.--In awarding grants under paragraph (1), 
        the Secretary shall award grants to eligible nonprofit 
        organizations that have the highest likelihood of carrying out 
        the purposes of this Act.
            (3) Use of grant.--Grants awarded for the establishment of 
        demonstration projects under paragraph (1) shall be used to 
        cover the startup costs for such projects.
            (4) Amount and matching requirement.--
                    (A) Amount.--A grant awarded under this section 
                shall be for an amount that is not in excess of 
                $60,000.
                    (B) Matching requirement.--
                            (i) In general.--The Secretary may not make 
                        a grant to an eligible nonprofit organization 
                        under this Act unless such organization agrees 
                        to make available non-Federal contributions by 
                        private or local government sources toward the 
                        cost of carrying out the program established 
                        with amounts received under the grant in an 
                        amount equal to at least 25 percent of the 
                        amount of funds provided under the grant.
                            (ii) In-kind contributions.--The non-
                        Federal share of payments under paragraph (1) 
                        may be in-kind, including staff services.
            (5) Distribution and allocations.--
                    (A) General distribution.--The Secretary shall 
                award grants under paragraph (1) through a method that 
                ensures that such awards are distributed to 
                demonstration projects that collectively establish--
                            (i) diverse program requirements with 
                        respect to the categories for which vouchers 
                        may be redeemed under paragraph (7)(A)(ii); and
                            (ii) diverse program requirements with 
                        respect to the methods through which vouchers 
                        may be distributed under paragraph (7)(A)(iv).
                    (B) Allocations for projects in a state.--The 
                Secretary shall ensure that not less than one grant 
                shall be awarded under paragraph (1) in each State and 
                the District of Columbia to an eligible nonprofit 
                organization that submits an application under 
                paragraph (8) to receive financial assistance to carry 
                out any demonstration project described in paragraph 
                (1) in such State and the District of Columbia.
            (6) Duration.--A grant awarded under this section shall not 
        exceed 1 year.
            (7) Program requirements.--
                    (A) Vouchers for homeless individuals.--The 
                Secretary may not award a grant under this section to 
                an eligible nonprofit organization that desires to 
                provide vouchers to homeless individuals unless such 
                organization agrees to the following:
                            (i) Create vouchers to provide to homeless 
                        individuals under paragraph (9)(A).
                            (ii) Permit vouchers to be redeemed for at 
                        least one or more of the following categories 
                        of goods and services:
                                    (I) Food and personal hygiene 
                                items.
                                    (II) Food, personal hygiene items, 
                                stamps, or other consumer goods (except 
                                alcohol, tobacco, or pornography), and 
                                bus fare.
                                    (III) Any goods and services 
                                (including services provided by 
                                participating homeless providers) 
                                except alcohol, tobacco, or 
                                pornography.
                            (iii) Prohibit the use of vouchers for 
                        gambling or gambling related purposes.
                            (iv) Distribute vouchers to homeless 
                        individuals through one or more of the 
                        following methods:
                                    (I) Sell vouchers directly to 
                                retail establishments that agree to 
                                sell such vouchers to persons who 
                                desire to give such vouchers to 
                                homeless individuals. The eligible 
                                nonprofit organization shall require 
                                such retail establishments to make 
                                payment for such vouchers on the date 
                                of delivery or not later than 30 days 
                                from the date of the sale of a voucher 
                                to a person.
                                    (II) Sell vouchers directly to 
                                local retail establishments and public 
                                entities, including the United States 
                                Post Office and the Social Security 
                                Administration, that agree to sell such 
                                vouchers to persons described in 
                                subclause (I). The eligible nonprofit 
                                organization shall require such retail 
                                establishments and public entities to 
                                make payment to such organization for 
                                such vouchers as required by subclause 
                                (I).
                            (v) Approve applications submitted under 
                        paragraph (11) or (12) by retail establishments 
                        or participating homeless service providers 
                        that desire to accept and redeem vouchers under 
                        the Program.
                    (B) Cash contributions for participating homeless 
                service providers.--The Secretary may not award a grant 
                under this section to an eligible nonprofit 
                organization that desires to provide cash contributions 
                given by the public to participating homeless service 
                providers unless such organization agrees to--
                            (i) allow one or more of the entities 
                        described in subparagraph (A)(iv)--
                                    (I) to accept such cash 
                                contributions; and
                                    (II) not later than 45 days from 
                                the receipt of such cash contributions, 
                                to transfer such cash contributions to 
                                such organization to be equitably 
                                distributed to participating homeless 
                                service providers; and
                            (ii) approve applications submitted under 
                        paragraph (12) by homeless service providers 
                        that desire to be provided cash contributions 
                        under the Program.
            (8) Application.--
                    (A) In general.--To be eligible to receive a grant 
                under this section, an eligible nonprofit organization 
                shall prepare and submit to the Secretary an 
                application in such form, at such time, and in 
                accordance with such procedures as the Secretary shall 
                establish.
                    (B) Assurances.--Each application submitted under 
                subparagraph (A) shall provide assurances that an 
                eligible nonprofit organization will meet the 
                applicable program requirements under paragraph (7).
            (9) Creation, distribution, purchase and use of vouchers.--
                    (A) Creation and distribution.--An eligible 
                nonprofit organization grantee that carries out a 
                demonstration project under this section shall create 
                the vouchers that are to be provided to homeless 
                individuals through the demonstration project. Such 
                grantee shall make such vouchers available for sale to 
                the public in accordance with the program requirements 
                under paragraph (7)(A)(iv). Vouchers shall be simple in 
                design and shall include only such words or 
                illustrations as are required to explain the purpose of 
                the vouchers and define the denomination of the 
                vouchers. The name of any public official shall not 
                appear on the vouchers.
                    (B) Purchase.--A person may purchase a voucher 
                distributed under subparagraph (A) and may give such 
                voucher to a homeless individual or to a participating 
                homeless service provider to provide to homeless 
                individuals.
                    (C) Use by homeless individuals.--
                            (i) In general.--An eligible nonprofit 
                        organization shall permit, in accordance with 
                        the program requirements under subparagraph 
                        (A)(ii) of paragraph (7), the appropriate 
                        retail use of vouchers by homeless individuals, 
                        subject to the limitations under such 
                        subparagraph.
                            (ii) Prices.--Nothing in this Act shall be 
                        construed as authorizing the Secretary to 
                        specify the prices at which goods or services 
                        may be sold by participating retail 
                        establishments or participating homeless 
                        service providers, except that the 
                        participating retail establishments or 
                        participating homeless service providers may 
                        neither charge a higher price for goods or 
                        services purchased with vouchers nor charge a 
                        fee for accepting vouchers.
                            (iii) Cash value.--
                                    (I) In general.--Subject to 
                                subclause (III), vouchers shall not be 
                                redeemable for cash and shall have no 
                                cash value.
                                    (II) Change for purchases with 
                                vouchers.--A homeless individual using 
                                a voucher or vouchers to purchase a 
                                good or service shall not receive cash 
                                as change if the amount of a purchase 
                                is less than the value of the voucher 
                                or vouchers.
                                    (III) Change for purchases with 
                                vouchers and cash.--A homeless 
                                individual using a voucher and cash, or 
                                vouchers and cash, to purchase a good 
                                or service shall not receive cash as 
                                change from the purchase, except that 
                                such change may be received if the 
                                amount of the cash used exceeds the 
                                amount of such voucher or vouchers.
            (10) Eligibility for receipt of vouchers.--Persons 
        purchasing vouchers may provide the vouchers to homeless 
        individuals, or to participating homeless service providers to 
        provide to homeless individuals, on a discretionary basis.
            (11) Participating retail establishments.--
                    (A) Applications.--Regulations issued pursuant to 
                this Act shall provide for the submission of 
                applications to eligible nonprofit organization 
                grantees by retail establishments that desire to accept 
                and redeem vouchers under the Program.
                    (B) Approval.--In considering an application 
                submitted under subparagraph (A), the eligible 
                nonprofit organization grantee shall consider--
                            (i) the nature and extent of the business 
                        conducted by the applicant and the extent to 
                        which the applicant can provide goods and 
                        services;
                            (ii) the business integrity and reputation 
                        of the applicant; and
                            (iii) any other factors the Secretary may 
                        prescribe by regulation.
                    (C) Certificate of approval.--On approval of an 
                applicant under this paragraph, the eligible nonprofit 
                organization grantee shall issue the applicant a 
                nontransferable certificate of approval.
            (12) Participating homeless service providers.--
                    (A) Applications.--Regulations issued pursuant to 
                this Act shall provide for the submission of 
                applications to eligible nonprofit organization 
                grantees by homeless service providers that desire--
                            (i) to receive cash contributions
                                    (I) to purchase vouchers to be 
                                provided to homeless individuals; or
                                    (II) to be used for the provision 
                                of services to homeless individuals;
                            (ii) to receive vouchers provided by 
                        persons described in paragraph (10) to be 
                        provided to homeless individuals; or
                            (iii) to accept and redeem vouchers from 
                        homeless individuals for the payment of 
                        services.
                    (B) Approval.--In considering an application 
                submitted under subparagraph (A), the eligible 
                nonprofit organization grantee shall consider any 
                factors the Secretary may prescribe by regulation.
                    (C) Certificate of approval.--On approval of an 
                applicant under this paragraph, the eligible nonprofit 
                organization grantee shall issue the applicant a 
                nontransferable certificate of approval.
            (13) Redemption of vouchers.--Regulations issued pursuant 
        to this Act shall provide for the redemption of vouchers 
        accepted by participating retail establishments or 
        participating homeless service providers.
    (c) Technical Assistance and Public Awareness.--
            (1) Assistance.--The Secretary is authorized to enter into 
        contracts with entities that carry out programs that are--
                    (A) in existence on the date on which the Secretary 
                and the entity enter into the contract;
                    (B) similar to the demonstration projects described 
                in subsection (b)(1); and
                    (C) able to provide support and follow up 
                assistance to grantees from such grantees' startup 
                phase through such grantees' final reporting under 
                section 6(b),
        to provide technical assistance to eligible nonprofit 
        organizations to assist such organizations in carrying out the 
        purposes of this Act.
            (2) Awareness.--The Secretary shall inform the public of 
        the location of local demonstration projects that are 
        established by an eligible nonprofit organization grantee under 
        this Act.
    (d) Regulations.--The Secretary shall issue such regulations 
consistent with this Act as the Secretary considers necessary or 
appropriate for the effective and efficient administration of the 
Program.
    (e) Fines Against Unauthorized Third Parties That Accept 
Vouchers.--The Secretary may impose a fine against any person not 
approved by an eligible nonprofit organization grantee to accept 
vouchers and who violates any provision of this Act, including 
violations concerning the acceptance of vouchers. The amount of any 
such fine shall be established by the Secretary and may be assessed and 
collected in accordance with regulations issued under this Act 
separately, or in combination, with any fiscal claim established by the 
Secretary. The Attorney General may institute judicial action in any 
court of competent jurisdiction against the person to collect the fine.

SEC. 6. REPORTS.

    (a) Congressional.--Not later than 1 year after the establishment 
of the Program, the Secretary shall prepare and submit to Congress a 
report evaluating the Program. Such report shall include the following:
            (1) The number of participating retail establishments, 
        listed according to the type of goods or services provided.
            (2) The number of vouchers sold and redeemed, broken down 
        by geographic area.
            (3)(A) A determination of the eligible nonprofit 
        organization grantees that are successful in carrying out 
        demonstration projects under this Act.
            (B) With respect to each such eligible nonprofit 
        organization grantee that is determined to be successful under 
        subparagraph (A), a description of--
                    (i) the categories of goods and services for which 
                the grantee permits vouchers to be redeemed under 
                section 5(b)(7)(A)(ii); and
                    (ii) the methods used by the grantee to distribute 
                vouchers under subparagraph (A)(iv) of section 5(b)(7).
            (C) A recommendation on the categories described in 
        subparagraph (B)(i) and the methods described in subparagraph 
        (B)(ii) that would be optimal for use by an entity to carry out 
        a voucher program.
            (4) A description of the impact of the Program on other 
        programs designed to meet the needs of homeless individuals, 
        including the Stewart B. McKinney Homeless Assistance Act 
        (Public Law 100-77) and amendments made by such Act.
            (5) A description of the demographic impact of the Program 
        on homeless individuals in America.
    (b) Secretary.--Not later than 1 year after the receipt of a grant 
award under section 5(b)(1) to carry out a demonstration project under 
this Act, an eligible nonprofit organization shall prepare and submit 
to the Secretary a report evaluating the demonstration project, as 
described under section 5(b)(1). Such report shall include a 
description of how such organization will continue to carry out its 
program to provide vouchers for homeless individuals or homeless 
individuals and participating homeless service providers.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act for fiscal year 1994 and each of the 
subsequent fiscal years.

                                 <all>

S 1190 IS----2