[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1352 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1352

 To amend the National and Community Service Act of 1990 to carry out 
  the Americorps program as a voucher program that assists charities 
        serving low-income individuals, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2001

 Mr. Santorum introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the National and Community Service Act of 1990 to carry out 
  the Americorps program as a voucher program that assists charities 
        serving low-income individuals, 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 ``AmeriCorps Reform and Charitable 
Expansion Act''.

SEC. 2. NATIONAL SERVICE THROUGH QUALIFIED CHARITIES.

    Subtitle C of title I of the National and Community Service Act of 
1990 (42 U.S.C. 12571) is amended to read as follows:

``SEC. 121. PROVISION OF ASSISTANCE AND APPROVED NATIONAL SERVICE 
              POSITIONS TO STATE COMMISSIONS.

    ``(a) Grants to State Commissions.--Subject to the availability of 
appropriations, the Corporation shall make grants to State Commissions 
to enable the State Commissions to provide vouchers to participants to 
perform national service for qualified charities described in section 
122.
    ``(b) Provision to State Commissions of Approved National Service 
Positions.--As part of the provision of assistance under subsection 
(a), the Corporation shall--
            ``(1) allocate among the State Commissions approved 
        national service positions for participants;
            ``(2) approve the provision of national service educational 
        awards described in subtitle D for participants; and
            ``(3) deposit in the National Service Trust established in 
        section 145(a) an amount equal to the product of--
                    ``(A) the value of a national service educational 
                award under section 147; and
                    ``(B) the total number of approved national service 
                positions to be provided through the State Commissions.
    ``(c) Other Programs.--A State Commission that receives approved 
national service positions under subsection (b) may reserve a portion 
of the positions, and related national service educational awards, for 
residents of the State that participate in programs carried out under 
section 119 or subtitle E.

``SEC. 122. PROVISION OF VOUCHERS TO QUALIFIED INDIVIDUALS.

    ``(a) List.--Each State Commission shall maintain a list of 
charities that the commission has determined to be qualified charities 
and seek participants to perform national service in the State. The 
State Commission shall make the list available to qualified individuals 
who seek to receive vouchers to perform national service for the 
charities.
    ``(b) Selection of Voucher Recipients.--
            ``(1) In general.--The State Commission shall select 
        qualified individuals to receive the vouchers. If the number of 
        qualified individuals seeking vouchers from the State 
        Commission for a fiscal year exceeds the number of vouchers 
        that the Commission has available to provide for the fiscal 
        year, the Commission shall select qualified individuals to 
        receive the vouchers for the fiscal year through a lottery 
        operated in accordance with such standards as the Corporation 
        may issue.
            ``(2) Qualifications.--To be qualified to receive a 
        voucher, an individual shall be age 18 or older.
    ``(c) Selection of Charities.--A qualified individual who receives 
a voucher shall select a qualified charity from the list described in 
subsection (a), and perform national service under this subtitle for 
that charity.
    ``(d) Qualified Charity.--In this section:
            ``(1) In general.--The term `qualified charity' means, 
        subject to paragraph (6), any organization--
                    ``(A) that is described in section 501(c)(3) of the 
                Internal Revenue Code of 1986 and exempt from tax under 
                section 501(a) of such Code;
                    ``(B) that is certified by the State Commission as 
                meeting the requirements of paragraphs (3) and (4); and
                    ``(C) that annually reports the information 
                required to be furnished under paragraph (5) to the 
                State Commission.
            ``(2) Collection organization treated as qualified 
        charity.--
                    ``(A) In general.--A collection organization shall 
                be treated as a qualified charity.
                    ``(B) Collection organization.--The term 
                `collection organization' means an organization 
                described in section 501(c)(3) of the Internal Revenue 
                Code of 1986 and exempt from tax under section 501(a) 
                of such Code--
                            ``(i) that solicits and collects gifts and 
                        grants that, by agreement, are distributed to 
                        qualified charities described in paragraph (1);
                            ``(ii) that distributes to qualified 
                        charities described in paragraph (1) at least 
                        90 percent of the gifts and grants received 
                        that are designated for such qualified 
                        charities; and
                            ``(iii) that meets the requirements of 
                        subparagraph (C).
                    ``(C) Additional requirements.--The requirements of 
                this subparagraph are met if the organization--
                            ``(i) maintains separate accounting for 
                        revenues and expenses; and
                            ``(ii) makes available to the public 
                        information on administrative and fundraising 
                        costs and information regarding any 
                        organization receiving funds from the 
                        collection organization and the amount of such 
                        funds.
            ``(3) Charity shall primarily assist poor individuals and 
        families.--
                    ``(A) In general.--An organization meets the 
                requirements of this paragraph only if the State 
                Commission involved reasonably expects that the 
                predominant activity of such organization will be the 
                provision of direct services within the United States 
                to individuals from families, and families, whose 
                annual incomes generally do not exceed 185 percent of 
                the poverty line in order to prevent or alleviate 
                poverty among such individuals and families.
                    ``(B) No recordkeeping in certain cases.--An 
                organization shall not be required to establish or 
                maintain records with respect to the incomes of 
                individuals and families for purposes of subparagraph 
                (A) if such individuals or families are members of 
                groups that are generally recognized as including 
                substantially only individuals and families described 
                in subparagraph (A).
                    ``(C) Food aid and homeless shelters.--Except as 
                otherwise provided by the State Commission, for 
                purposes of subparagraph (A), services to individuals 
                and families in the form of--
                            ``(i) provision of food or meals; or
                            ``(ii) provision of temporary shelter to 
                        homeless individuals,
                shall be treated as provided to individuals and 
                families described in subparagraph (A) if the location 
                and operation of such services are such that the 
                service provider may reasonably conclude that the 
                beneficiaries of such services are predominantly 
                individuals and families described in subparagraph (A).
                    ``(D) Definition.--The term `poverty line' means 
                the income official poverty line (as defined by the 
                Office of Management and Budget, and revised annually 
                in accordance with section 673(2) of the Community 
                Services Block Grant Act (42 U.S.C. 9902(2))) 
                applicable to a family of the size involved.
            ``(4) Minimum expense requirement.--
                    ``(A) In general.--An organization meets the 
                requirements of this paragraph only if the State 
                Commission reasonably expects that the annual poverty 
                program expense of such organization will not be less 
                than 75 percent of the annual aggregate expenses of 
                such organization.
                    ``(B) Poverty program expense.--In subparagraph 
                (A):
                            ``(i) In general.--The term `poverty 
                        program expense' means any expense paid or 
                        incurred in providing program services 
                        described in paragraph (3).
                            ``(ii) Exceptions.--Such term shall not 
                        include--
                                    ``(I) any management or general 
                                expense;
                                    ``(II) any expense for the purpose 
                                of influencing legislation (as defined 
                                in section 4911(d) of the Internal 
                                Revenue Code of 1986;
                                    ``(III) any expense for the purpose 
                                of fundraising;
                                    ``(IV) any expense for a legal 
                                service provided on behalf of any 
                                individual or family described in 
                                paragraph (3); and
                                    ``(V) any expense that consists of 
                                a payment to an affiliate of the 
                                organization.
            ``(5) Reporting requirement.--The information required to 
        be furnished under this paragraph is--
                    ``(A) each category of services (including food, 
                shelter, education, substance abuse prevention or 
                treatment, job training, or other services) that 
                constitute the predominant activities of the 
                organization; and
                    ``(B) the percentages determined by dividing the 
                organization's expenses for the year for each such 
                category of services by the total expenses of the 
                organization for the year, including--
                            ``(i) expenses for program services;
                            ``(ii) management expenses;
                            ``(iii) general expenses;
                            ``(iv) fundraising expenses; and
                            ``(v) expenses for payments to affiliates.
            ``(6) State law.--The definition of `qualified charity' may 
        be further limited, for purposes of application of this 
        subtitle in a State, under State law to an organization--
                    ``(A) that has been operating for at least 1 year 
                or is controlled by, or operated under the auspices of, 
                an organization that has been operating for at least 1 
                year; and
                    ``(B) with expenses for the purpose of influencing 
                legislation (as defined in section 4911(d) of the 
                Internal Revenue Code of 1986), litigation on behalf of 
                any individual or family described in paragraph (3), 
                voter registration, political organizing, public policy 
                advocacy, or public policy research in an amount not in 
                excess of 5 percent of the total expenses of the 
                organization.

``SEC. 123. VOUCHERS.

    ``An eligible individual who is selected to receive a voucher from 
a State Commission under section 122 shall receive from the State 
Commission--
            ``(1) through the voucher, the benefits described in 
        section 124, including a national service educational award; 
        and
            ``(2) the aids and services described in section 124(d).

``SEC. 124. LIVING ALLOWANCES AND EDUCATIONAL AWARDS.

    ``(a) Provision of Living Allowance.--
            ``(1) Living allowance required.--Subject to paragraph (3), 
        the State Commission shall provide to each participant who 
        participates on a full-time basis in the program carried out 
        under this subtitle an annual living allowance in an amount 
        equal to or greater than the average annual subsistence 
        allowance provided to VISTA volunteers under section 105 of the 
        Domestic Volunteer Service Act of 1973 (42 U.S.C. 4955).
            ``(2) Limitation on federal share.--The amount of the 
        annual living allowance provided under paragraph (1) that may 
        be paid using assistance provided under section 121 and using 
        any other Federal funds shall not exceed 85 percent of the 
        average annual subsistence allowance described in paragraph 
        (1). The State Commission shall provide the non-Federal share 
        of the cost of such allowance for a participant from State and 
        private sources, which may include contributions made by the 
        qualified charity for the participant.
            ``(3) Maximum living allowance.--The total amount of an 
        annual living allowance that may be provided to a participant 
        under paragraph (1) in a national service program shall not 
        exceed 200 percent of the average annual subsistence allowance 
        described in paragraph (1).
            ``(4) Proration of living allowance.--The amount provided 
        as a living allowance under this subsection shall be prorated 
        in the case of a participant who is authorized to serve a 
        reduced term of service under section 125(b)(3).
            ``(5) Waiver or reduction of living allowance.--The 
        Corporation may waive or reduce the requirement of paragraph 
        (1) with respect to participants providing service to assist in 
        the activities of a qualified charity if--
                    ``(A) such requirement is inconsistent with the 
                objectives of the activities; and
                    ``(B) the amount of the living allowance that will 
                be provided to each full-time participant is sufficient 
                to meet the necessary costs of living (including food, 
                housing, and transportation) in the area in which the 
                activities are located.
            ``(6) Exemption.--The requirement of paragraph (1) shall 
        not apply to any program that was in existence, and eligible 
        for assistance under the national service laws, on the date of 
        enactment of the National and Community Service Trust Act of 
        1993.
    ``(b) Health Insurance.--
            ``(1) In general.--
                    ``(A) Policy.--The State Commission shall provide a 
                basic health care policy for each full-time participant 
                in the program carried out under this subtitle, if the 
                participant is not otherwise covered by a health care 
                policy.
                    ``(B) Non-federal share.--The amount of the cost of 
                a premium for such a policy provided under this 
                paragraph that may be paid using assistance provided 
                under section 121 and using any other Federal funds 
                shall not exceed 85 percent of the cost. The State 
                Commission shall provide the non-Federal share of the 
                cost of the premium for such a policy for a participant 
                from State and private sources, which may include 
                contributions made by the qualified charity for the 
                participant.
                    ``(C) Standards.--The Corporation shall establish 
                minimum standards that all health care plans shall meet 
                in order to qualify for payment under this subtitle, 
                any circumstances in which an alternative health care 
                policy may be substituted for the basic health care 
                policy, and mechanisms to prohibit a participant from 
                dropping existing coverage (existing as of the date the 
                participant was selected to participate in the program 
                carried out under this subtitle).
            ``(2) Option.--The State Commission may provide a health 
        care policy for participants that does not meet all of the 
        minimum standards established by the Corporation if the fair 
        market value of such policy is equal to or greater than the 
        fair market value of a plan that meets the minimum standards 
        established by the Corporation, and is consistent with other 
        applicable laws.
    ``(c) Child Care.--
            ``(1) Availability.--The State Commission shall provide a 
        child care allowance to each full-time participant who needs 
        such assistance in order to serve as a participant.
            ``(2) Guidelines.--The Corporation shall establish 
        guidelines regarding the value of any child care allowance to 
        be provided.
    ``(d) Individualized Support Services.--The State Commission shall 
provide reasonable accommodation, including auxiliary aids and services 
(as defined in section 3(1) of the Americans with Disabilities Act of 
1990 (42 U.S.C. 12102(1))), based on the individualized need of a 
participant who is a qualified individual with a disability (as defined 
in section 101(8) of such Act (42 U.S.C. 12111(8))).
    ``(e) Limitation on Number of Terms of Service for Federally 
Subsidized Living Allowance.--The State Commission may not use 
assistance provided under section 121, or any other Federal funds, to 
provide a living allowance under subsection (a), a health care policy 
under subsection (b), or a child care allowance under subsection (c), 
to an individual for a third, or subsequent, term of service described 
in section 125(b) by the individual in the program carried out under 
this subtitle.
    ``(f) National Service Educational Awards.--A participant in the 
program carried under this subtitle shall be eligible for the national 
service educational award described in subtitle D if the participant 
satisfies the eligibility requirements specified in section 146 with 
respect to service in an approved national service position.
    ``(g) Transfers.--
            ``(1) In general.--A participant in the program carried out 
        under this subtitle who receives a national service educational 
        award under section 148 may elect to transfer the award to 
        another individual (referred to in this subsection as the 
        `receiving individual').
            ``(2) Eligibility.--In a case in which a participant elects 
        to transfer a national service educational award to a receiving 
        individual--
                    ``(A) the receiving individual, in order to be 
                eligible to receive and use the award, shall meet the 
                requirements of section 146(a)(3), shall not be 
                prohibited from receiving or using the award under 
                subsection (d) or (e) of section 146, and shall submit 
                the applications described in or otherwise meet the 
                requirements applicable to individuals under subsection 
                (b), (c), (d), or (e), as appropriate, of section 148; 
                and
                    ``(B) references to an individual receiving or 
                using such an award in the sections and subsections 
                described in subparagraph (A) shall be considered to 
                refer to the receiving individual.

``SEC. 125. TERMS OF SERVICE.

    ``(a) In General.--As a condition of receiving a voucher under this 
subtitle, a participant shall be required to perform full- or part-time 
national service for at least 1 term of service specified in subsection 
(b).
    ``(b) Term of Service.--
            ``(1) Full-time service.--An individual performing full-
        time national service shall agree to participate in the 
        activities of a qualified charity for not less than 1,700 hours 
        during a period of not less than 9 months and not more than 1 
        year.
            ``(2) Part-time service.--Except as provided in paragraph 
        (3), an individual performing part-time national service shall 
        agree to participate in the activities of a qualified charity 
        for not less than 900 hours during a period of--
                    ``(A) not more than 2 years; or
                    ``(B) not more than 3 years if the individual is 
                enrolled in an institution of higher education while 
                performing all or a portion of the service.
            ``(3) Reduction in hours of part-time service.--The State 
        Commission may reduce the number of hours required to be served 
        to successfully complete part-time national service to a level 
        determined by the State Commission, except that any reduction 
        in the required term of service shall include a corresponding 
        reduction in the amount of any national service educational 
        award that may be available under subtitle D with regard to 
        that service.
    ``(c) Release From Completing Term of Service.--
            ``(1) Release authorized.--The Corporation may release a 
        participant from completing a term of service--
                    ``(A) for compelling personal circumstances as 
                demonstrated by the participant; or
                    ``(B) for cause.
            ``(2) Effect of release for compelling circumstances.--In 
        the case of a participant eligible for release under paragraph 
        (1)(A), the Corporation may elect--
                    ``(A) to grant such release and provide to the 
                participant that portion of the national service 
                educational award corresponding to the portion of the 
                term of service actually completed, as provided in 
                section 147(c); or
                    ``(B) to permit the participant to temporarily 
                suspend performance of the term of service for a period 
                of up to 2 years (and such additional period as the 
                Corporation may allow for extenuating circumstances) 
                and, upon completion of such period, to allow return to 
                the qualified charity with which the individual was 
                serving in order to complete the remainder of the term 
                of service and obtain the entire national service 
                educational award.
            ``(3) Effect of release for cause.--A participant released 
        for cause may not receive any portion of the national service 
        educational award.

``SEC. 126. SUPERVISORY AND REPORTING REQUIREMENTS.

    ``Charitable organizations and participants participating in 
programs carried out under this subtitle shall comply with supervisory 
and reporting requirements issued by the Corporation.''.

SEC. 3. STATE COMMISSIONS.

    Section 178 of the National and Community Service Act of 1990 (42 
U.S.C. 12638) is amended by adding at the end the following:
    ``(k) Consolidated Offices.--A State that operates a State 
Commission to carry out programs under this title and a separate State 
office to carry out programs under title I of the Domestic Volunteer 
Service Act of 1973 (42 U.S.C. 4951 et seq.) may operate a single 
consolidated State office to carry out the programs.''.

SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Introductory Provisions.--
            (1) Section 1 of the National and Community Service Act of 
        1990 (42 U.S.C. prec. 12501) is amended by striking subsection 
        (b).
            (2) Section 101 of such Act (42 U.S.C. 12511) is amended--
                    (A) by striking paragraph (3); and
                    (B) in paragraph (19)--
                            (i) by striking ``119(b)(1), or 122(a),'' 
                        and inserting ``or 119(b)(1),''; and
                            (ii) by adding at the end the following: 
                        ``The term includes a program that receives 
                        funds under subtitle C.''.
    (b) Service-Learning Programs.--Section 117D of such Act (42 U.S.C. 
12545) is amended by striking subsection (b).
    (c) National Service Trust.--
            (1) Section 146 of such Act (42 U.S.C. 12602) is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (2), by striking 
                        ``position or'' and all that follows and 
                        inserting ``position;''; and
                            (ii) in paragraph (3)--
                                    (I) in subparagraph (A), by adding 
                                ``or'' at the end;
                                    (II) in subparagraph (B), by 
                                striking ``; or'' and inserting ``; 
                                and''; and
                                    (III) by striking subparagraph (C); 
                                and
                    (B) in subsection (b), by striking ``139(b)'' and 
                inserting ``125(b)''.
            (2) Section 147(c) of such Act (42 U.S.C. 12603(c)) is 
        amended by striking ``139(c)(1)(A)'' and inserting 
        ``125(c)(1)(A)''.
            (3) Section 148(f) of such Act (42 U.S.C. 12604(f)) is 
        amended by striking ``With'' and all that follows through 
        ``may'' and inserting ``A qualified charity carrying out a 
        program that receives funds under subtitle C may''.
    (d) Administrative Provisions.--
            (1) Section 171(c) of such Act (42 U.S.C. 12631(c)) is 
        amended by striking ``139'' and inserting ``125''.
            (2) Section 178 of such Act (42 U.S.C. 12638) is amended--
                    (A) in subsection (a)(2), by striking ``sections 
                117B and 130'' and inserting ``section 117B and 
                subtitle C'';
                    (B) in subsection (c)(1), by striking subparagraph 
                (I) and inserting the following:
                    ``(I) A representative of a national service 
                program carried out by a qualified charity under 
                subtitle C.'';
                    (C) in subsection (e)--
                            (i) in paragraph (2), by striking 
                        ``sections 117B and 130'' and inserting 
                        ``section 117B and subtitle C'';
                            (ii) in paragraph (4), by striking ``under 
                        section 130 for'' and inserting ``under 
                        subtitle C for assistance, including'';
                            (iii) by striking paragraph (6);
                            (iv) in paragraph (7), by striking 
                        ``section 140'' and all that follows and 
                        inserting ``section 124.'';
                            (v) by striking paragraph (8) and inserting 
                        the following:
            ``(8) Development of a State system for dissemination of 
        information concerning qualified charities that carry out 
        national service programs under subtitle C.'';
                            (vi) by striking paragraph (9) and 
                        inserting the following:
            ``(9) Administration of the voucher program that is 
        conducted by the State using assistance provided to the State 
        under section 121.''; and
                            (vii) by striking paragraph (10); and
                    (D) in subsection (f), by striking ``section 121'' 
                and inserting ``subtitle C''.
            (3) Section 179 of such Act (42 U.S.C. 12639) is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1), by striking ``and'' 
                        at the end;
                            (ii) by striking paragraph (2); and
                            (iii) by redesignating paragraph (3) as 
                        paragraph (2); and
                    (B) by striking subsections (g) and (i).
            (4) Section 193A of such Act (42 U.S.C. 12651d) is 
        amended--
                    (A) in subsection (b)(10)--
                            (i) in subparagraph (A)--
                                    (I) by striking clause (i); and
                                    (II) by redesignating clauses (ii) 
                                through (vii) as clauses (i) through 
                                (vi), respectively; and
                            (ii) in subparagraph (B), by striking 
                        ``service corps assisted under subtitle C and 
                        other''; and
                    (B) in subsection (f)--
                            (i) in paragraph (1), by striking 
                        ``subtitles C and I'' and inserting ``subtitle 
                        I''; and
                            (ii) by striking paragraph (2).
            (5) Section 195(c)(2) of such Act (42 U.S.C. 12651f(c)(2)) 
        is amended--
                    (A) in subparagraph (A), by inserting ``and'' at 
                the end;
                    (B) by striking subparagraph (B); and
                    (C) by redesignating subparagraph (C) as 
                subparagraph (B).
    (e) Investment for Quality and Innovation.--Section 198(b)(1) of 
such Act (42 U.S.C. 12653(b)(1)) is amended by striking ``subtitle B or 
C'' and inserting ``subtitle B''.
    (f) American Conservation and Youth Service Corps.--
            (1) Section 199A of such Act (42 U.S.C. 12655) is amended 
        by striking the second sentence.
            (2) Section 199K(a)(2) of such Act (42 U.S.C. 12655l(a)(2)) 
        is amended by striking ``section 121,'' and inserting 
        ``subtitle C,''.
    (g) Authorization of Appropriations.--Section 501(a) of such Act 
(42 U.S.C. 12681(a)) is amended--
            (1) in paragraph (2)(B), by striking ``under section 125, 
        under subsections (b) and (c) of section 126, and''; and
            (2) in paragraph (4), by striking subparagraph (B).

SEC. 5. EFFECTIVE DATE.

    The amendments made by this Act take effect 1 year after the date 
of enactment of this Act.
                                 <all>