[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.
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