[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5844 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 5844

 To establish a National and Community Service Administration to carry 
      out the national and volunteer service programs, to expand 
        participation in such programs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2016

   Mr. Larson of Connecticut (for himself, Mr. Lewis, Ms. Sewell of 
Alabama, Ms. Slaughter, Ms. Speier, Mr. Tonko, Mr. Vargas, Mr. Veasey, 
 Mr. Vela, Ms. Velazquez, Ms. Wasserman Schultz, Mrs. Watson Coleman, 
Mr. Welch, Ms. Wilson of Florida, Mr. Yarmuth, Mr. Pocan, Mr. Langevin, 
Mr. Ashford, Ms. Bass, Mr. Bera, Mr. Beyer, Ms. Brownley of California, 
Mrs. Capps, Mr. Cardenas, Ms. Clark of Massachusetts, Ms. Clarke of New 
    York, Mr. Conyers, Mr. Cummings, Mr. DeFazio, Mr. Delaney, Mr. 
DeSaulnier, Mrs. Dingell, Ms. Eshoo, Mr. Farr, Mr. Gene Green of Texas, 
   Mr. Gutierrez, Ms. Hahn, Mr. Honda, Ms. Kaptur, Ms. Kuster, Mrs. 
   Lawrence, Ms. Esty, Mr. Moulton, Mr. Capuano, Mr. Cartwright, Ms. 
Castor of Florida, Mr. Cleaver, Mr. Clyburn, Mr. Cohen, Mr. Costa, Mr. 
      Courtney, Mr. Crowley, Ms. DeLauro, Mr. Michael F. Doyle of 
   Pennsylvania, Mr. Grayson, Mr. Grijalva, Ms. Adams, Mr. Bishop of 
   Georgia, Mr. Brady of Pennsylvania, Mr. Huffman, Mr. Israel, Ms. 
  Jackson Lee, Mr. Jeffries, Ms. Eddie Bernice Johnson of Texas, Mr. 
 Keating, Ms. Kelly of Illinois, Mr. Kildee, Mrs. Kirkpatrick, Mr. Ben 
Ray Lujan of New Mexico, Mr. Meeks, Ms. Meng, Ms. Moore, Mr. Neal, Mr. 
 Norcross, Mr. Pascrell, Mr. Perlmutter, Mr. Rangel, Mr. Richmond, Mr. 
 Ryan of Ohio, Ms. Linda T. Sanchez of California, Mr. Levin, Mr. Ted 
 Lieu of California, Mr. Lowenthal, Ms. Michelle Lujan Grisham of New 
  Mexico, Mr. McDermott, Mr. Nadler, Mr. Rush, Mr. Schiff, Mr. David 
 Scott of Georgia, Mr. Sires, Mr. Takano, Mr. Thompson of California, 
 Mrs. Torres, Mr. Walz, Ms. Maxine Waters of California, Mrs. Beatty, 
Mr. Brendan F. Boyle of Pennsylvania, Mrs. Bustos, Mr. Butterfield, Mr. 
Carson of Indiana, Mr. Castro of Texas, Ms. Judy Chu of California, Mr. 
   Cicilline, Mr. Connolly, Mr. Cuellar, Ms. Edwards, Mr. Engel, Ms. 
Fudge, Mr. Higgins, Mr. Himes, Mr. Kennedy, Ms. Lee, Mr. Loebsack, Mr. 
   Sean Patrick Maloney of New York, Ms. Matsui, Ms. McCollum, Mrs. 
Napolitano, Ms. Pingree, Ms. Plaskett, Mr. Ruppersberger, Mr. Sarbanes, 
Ms. Schakowsky, Mr. Scott of Virginia, Ms. Tsongas, Mr. Kilmer, and Ms. 
   DelBene) introduced the following bill; which was referred to the 
   Committee on Education and the Workforce, and in addition to the 
Committee on Ways and Means, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To establish a National and Community Service Administration to carry 
      out the national and volunteer service programs, to expand 
        participation in such programs, 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's Call To Improve 
Opportunities Now for National Service Act'' or the ``ACTION for 
National Service Act''.

SEC. 2. TABLE OF CONTENTS; REFERENCES.

    (a) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Table of contents; references.
Sec. 3. Establishment of National and Community Service Administration.
Sec. 4. Advisory Board.
Sec. 5. Administrator.
Sec. 6. National Service Educational Award.
Sec. 7. Interagency working group.
Sec. 8. National Service Foundation.
Sec. 9. Authorization of appropriations.
Sec. 10. Exclusion from gross income of Americorps Educational Awards.
    (b) References.--Except as expressly provided, wherever in this Act 
there is a reference to a section or other provision, the reference 
shall be considered to be a reference to a section or other provision 
of the National and Community Service Act of 1990 (42 U.S.C. 12501 et 
seq.).

SEC. 3. ESTABLISHMENT OF NATIONAL AND COMMUNITY SERVICE ADMINISTRATION.

    (a) Elevation of Corporation to Administration.--Section 191 (42 
U.S.C. 12651) is amended--
            (1) by striking ``a Corporation for National and Community 
        Service'' and inserting ``the National and Community Service 
        Administration, an independent executive agency''; and
            (2) by striking ``The Corporation shall be a Government 
        corporation, as defined in section 103'' and inserting ``The 
        Administration shall have the same status as an executive 
        department listed in section 101''.
    (b) Conforming Amendments.--
            (1) National and community service act of 1990.--
                    (A) Definition.--Section 101 (42 U.S.C. 12511) is 
                amended by striking paragraph (12) and inserting the 
                following:
            ``(12) Administration.--The term `Administration' means the 
        National and Community Service Administration established under 
        section 191.''.
                    (B) References.--The National and Community Service 
                Act of 1990 is amended by striking ``Corporation'' each 
                place it appears and inserting ``Administration''.
            (2) Domestic volunteer service act of 1973.--
                    (A) Definition.--Section 421 of the Domestic 
                Volunteer Service Act of 1973 is amended by striking 
                paragraph (7) and inserting the following:
            ``(7) the term `Administration' means the National and 
        Community Service Administration established under section 191 
        of the National and Community Service Act of 1990;''.
                    (B) References.--The Domestic Volunteer Service Act 
                of 1973 is amended--
                            (i) in section 2(b), by striking 
                        ``Corporation for National and Community 
                        Service'' and inserting ``National and 
                        Community Service Administration''; and
                            (ii) by striking ``Corporation'' each place 
                        it appears and inserting ``Administration''.

SEC. 4. ADVISORY BOARD.

    (a) Appointment and Terms.--Section 192 (42 U.S.C. 12651a) is 
amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
            ``(1) Advisory board.--
                    ``(A) Initial board and appointment of replacement 
                members.--There shall be in the Administration an 
                Advisory Board initially composed of the members of the 
                Board of Directors of the Corporation for National and 
                Community Service (as in existence the day before the 
                date of enactment of the ACTION for National Service 
                Act) and, after the expiration of such members' terms 
                and the appointments set forth in this subparagraph, 
                composed of seven members. Upon the expiration of the 
                term of the first seven such members whose term shall 
                expire, a new member of the Advisory Board shall be 
                appointed as follows:
                            ``(i) The first three members shall be 
                        appointed by the President, including an 
                        individual between the ages of 18 and 25 who--
                                    ``(I) has served in a school-based 
                                or community-based service-learning 
                                program; or
                                    ``(II) is or was a participant or a 
                                supervisor in a program.
                            ``(ii) The next member shall be appointed 
                        by the Speaker of the House of Representatives.
                            ``(iii) The next member shall be appointed 
                        by the minority leader of the House of 
                        Representatives.
                            ``(iv) The next member shall be appointed 
                        by majority leader of the Senate.
                            ``(v) The next member shall be appointed by 
                        the minority leader of the Senate.
                    ``(B) Expiration of the term of remaining initial 
                members.--Upon the expiration of the terms of the 
                remaining members of the Board of Directors of the 
                Corporation for National and Community Service (as in 
                effect the day before the date of enactment of the 
                ACTION for National Service Act), no new members shall 
                be appointed.''; and
            (2) by striking subsections (c) and (d) and inserting the 
        following:
    ``(c) Terms.--Members appointed in accordance with clauses (i) 
through (vi) of subsection (a)(1)(A) shall serve for a term of five 
years.
    ``(d) Appointment of New Members and Vacancies.--When the term of a 
member appointed in accordance with clauses (i) through (vi) of 
subsection (a)(1)(A) expires, or if a vacancy occurs on the Advisory 
Board, a new member shall be appointed by the individual and in the 
manner described in such subsection, and, in the case of a vacancy, 
shall serve for the remainder of the term for which the predecessor of 
such member was appointed. The vacancy shall not affect the power of 
the remaining members to execute the duties of the Board.''.
    (b) Meetings and Duties.--Section 192A (42 U.S.C. 12651b) is 
amended--
            (1) in subsection (a), by striking ``3 times each year'' 
        and inserting ``four times each year, with one of the four 
        meetings being an annual meeting to review the Administration's 
        long-term and strategic goals,''; and
            (2) by striking subsection (g) and inserting the following:
    ``(g) Advisory Duties.--The Board shall have responsibility for 
making recommendations to the Administrator concerning the programs and 
activities of the Administration and the overall policy for the 
Corporation and shall--
            ``(1) advise the Administrator with respect to policies, 
        programs, and procedures for carrying out the Administrator's 
        functions, duties, or responsibilities under this Act;
            ``(2) advise the Administrator on establishing requirements 
        and criteria for qualifying service programs, and monitor and 
        evaluate the performance of personnel in carrying out programs 
        and activities;
            ``(3) review applications of volunteer service programs for 
        approval under and make recommendations to the Administrator 
        with respect to the approval of each program and the amount of 
        financial assistance (if any) to provide to each program;
            ``(4) review and make recommendations to the 
        Administrator--
                    ``(A) with respect to any grants, allotments, 
                contracts, financial assistance, or other payment of 
                the Administration; and
                    ``(B) regarding the regulations, standards, 
                policies, procedures, programs, and initiatives of the 
                Administration;
            ``(5) review, and advise the Administrator regarding the 
        actions of the Administrator with respect to the personnel of 
        the Administration, and with respect to such standards, 
        policies, procedures, programs, and initiatives as are 
        necessary or appropriate to carry out the programs and 
        activities of the Administration, including those carried out 
        under the national service laws on the date of enactment of 
        this Act;
            ``(6) make recommendations relating to a program of 
        research for the Administration with respect to national and 
        community service programs;
            ``(7) ensure effective dissemination of information 
        regarding the programs and initiatives of the Administration;
            ``(8) prepare and make recommendations to the Administrator 
        for changes in the national service laws resulting from the 
        studies and demonstrations conducted by the Administration, 
        which recommendations shall be submitted to Congress and to the 
        President not later than January 1 of each year; and
            ``(9) advise on such other matters as the Administrator may 
        request.''.

SEC. 5. ADMINISTRATOR.

    (a) Appointment.--
            (1) In general.--Section 193(a) (42 U.S.C. 12651c) is 
        amended--
                    (A) by striking ``an individual who shall serve as 
                Chief Executive Officer of the Corporation'' and 
                inserting ``an Administrator''; and
                    (B) by adding at the end the following: ``who shall 
                hold the same rank and status as the head of an 
                executive department listed in section 101 of title 5, 
                United States Code.''.
            (2) Interim administrator.--Until an Administrator is 
        appointed and confirmed in accordance with the amendments made 
        by paragraph (1), the Chief Executive Officer of the 
        Corporation for National and Community Service (as in existence 
        the day before the date of enactment of this Act) shall serve 
        as interim Administrator.
    (b) Conforming Amendments.--
            (1) National and community service act of 1990.--
                    (A) Definition.--Section 101 (42 U.S.C. 12511) is 
                amended by striking paragraph (9) and inserting the 
                following:
            ``(9) Administrator.--The term `Administrator' means the 
        Administrator of the National and Community Service 
        Administration appointed under section 193.''.
                    (B) References.--The National and Community Service 
                Act of 1990 is amended by striking ``Chief Executive 
                Officer'' each place it appears, except when such term 
                is used to refer to the chief executive officer of a 
                State, and inserting ``Administrator''.
            (2) Domestic volunteer service act of 1973.--Section 421(1) 
        of the Domestic Volunteer Service Act of 1973 is amended to 
        read as follows:
            ``(1) the term `Administrator' means the Administrator of 
        the National and Community Service Administration appointed 
        under section 193 of the National and Community Service Act of 
        1990;''.

SEC. 6. NATIONAL SERVICE EDUCATIONAL AWARD.

    Section 147(a) (42 U.S.C. 12603(a)) is amended--
            (1) by striking ``Except as provided'' and inserting ``(1) 
        Except as provided'';
            (2) by striking ``shall receive a national service 
        educational award'' and all that follows through 
        ``appropriations)'' and inserting ``shall be entitled to a 
        national service educational award equal to the amount set 
        forth in paragraph (2)''; and
            (3) by adding at the end the following:
            ``(2) Benefit amount.--The benefit described in paragraph 
        (1) payable to an individual described in such paragraph shall 
        be in an amount--
                    ``(A) equal to twice the amount of tuition of the 
                institution of higher education where the individual is 
                enrolled or accepted to be enrolled; and
                    ``(B) not to exceed twice the average in-State 
                tuition at a State institution of higher education in 
                the State where the individual is enrolled or accepted 
                to be enrolled.
            ``(3) Appropriations.--There is hereby appropriated to the 
        National Service Foundation established under subtitle K, for 
        fiscal year 2017 and subsequent fiscal years, out of any funds 
        in the Treasury not otherwise appropriated, such sums as may be 
        necessary to carry out this subsection.''.

SEC. 7. INTERAGENCY WORKING GROUP.

    Subtitle G of title I (42 U.S.C. 12651 et seq.) is amended by 
adding at the end the following new section:

``SEC. 196D. INTERAGENCY WORKING GROUP.

    ``The Administrator shall establish an interagency working group 
(and consult directly with the heads of Federal agencies as necessary) 
to--
            ``(1) evaluate the eligibility for tuition and student loan 
        repayment assistance outlined in this section for participation 
        in national or volunteer service programs not administered 
        under this Act;
            ``(2) evaluate the feasibility and advisability of granting 
        Federal hiring preference under chapter 33 of title 5, United 
        States Code, to an individual who has completed at least one 
        year of service and is eligible for the entitlement established 
        under subsection (a); and
            ``(3) examine the participation of seniors age 55 and older 
        in national service programs and establish methods for 
        increasing the participation rate of such individuals.''.

SEC. 8. NATIONAL SERVICE FOUNDATION.

    Title I is further amended by adding at the end the following new 
subtitle:

               ``Subtitle K--National Service Foundation

``SEC. 199P. NATIONAL SERVICE FOUNDATION.

    ``(a) Establishment.--In order to encourage private gifts of real 
and personal property or any income therefrom or other interest therein 
for the benefit of, or in connection with, the National and Community 
Service Administration, its activities, or its services, and thereby to 
further the mission and purpose of the Administration and to provide 
greater opportunities for volunteer service, there is hereby 
established a charitable and nonprofit corporation to be known as the 
National Service Foundation (referred to in this subtitle as the 
`Foundation') to accept and administer such gifts.
    ``(b) Board of the Foundation.--
            ``(1) Members.--The National Service Foundation shall 
        consist of a Board of the Foundation having as members the 
        Administrator, ex officio, and no less than six private 
        citizens of the United States appointed by the Administrator, 
        who shall take into consideration appointing--
                    ``(A) an individual who is between the ages of 18 
                and 25 who has served in a school-based or community-
                based service program; and
                    ``(B) an individual who has served as a supervisor 
                in the Senior Corps.
            ``(2) Terms.--The initial terms of members first appointed 
        shall be staggered to assure continuity of administration. 
        Members appointed thereafter shall be appointed for a term of 
        six years, unless a successor is chosen to fill a vacancy 
        occurring prior to the expiration of the term for which his 
        predecessor was chosen, in which event the successor shall be 
        chosen only for the remainder of that term.
            ``(3) Chairman.--The Administrator shall be the Chairman of 
        the Board of the Foundation.
            ``(4) Status.--Membership on the Board of the Foundation 
        shall not be deemed to be an office within the meaning of the 
        statutes of the United States.
            ``(5) Quorum.--A majority of the members of the Board of 
        the Foundation serving at any one time shall constitute a 
        quorum for the transaction of business, and the Foundation 
        shall have an official seal, which shall be judicially noticed.
            ``(6) Meetings.--The Board of the Foundation shall meet at 
        the call of the Chairman and there shall be at least one 
        meeting each year.
            ``(7) Compensation.--No compensation shall be paid to the 
        members of the Board of the Foundation for their services as 
        members, but they shall be reimbursed for actual and necessary 
        traveling and subsistence expenses incurred by them in the 
        performance of their duties as such members out of National 
        Service Foundation funds available to the Board of the 
        Foundation for such purposes.
    ``(c) Authorization To Accept and Use Gifts and Bequests.--The 
Foundation is authorized to accept, receive, solicit, hold, administer, 
and use any gifts, devises, or bequests, either absolutely or in trust 
of real or personal property or any income therefrom or other interest 
therein for the benefit of or in connection with, the Administration, 
its activities, or its services. The Foundation may not accept any such 
gift, devise, or bequest which entails any expenditure other than from 
the resources of the Foundation. An interest in the real property 
includes, among other things, easements or other rights for 
preservation, conservation, protection, or enhancement by and for the 
public of natural, scenic, historic, scientific, educational, 
inspirational, or recreational resources. A gift, devise, or bequest 
may be accepted by the Foundation even though it is encumbered, 
restricted, or subject to beneficial interests of private persons if 
any current or future interest therein is for the benefit of the 
Administration, its activities, or its services.
    ``(d) Use of Funds, Investment.--Except as otherwise required by 
the instrument of transfer, the Foundation may sell, lease, invest, 
reinvest, retain, or otherwise dispose of or deal with any property or 
income thereof as the Board of the Foundation may from time to time 
determine. The Foundation shall not engage in any business, nor shall 
the Foundation make any investment that may not lawfully be made by a 
trust company in the District of Columbia, except that the Foundation 
may make any investment authorized by the instrument of transfer, and 
may retain any property accepted by the Foundation. The Foundation may 
utilize the services and facilities of the Administration, and such 
services and facilities may be made available on request to the extent 
practicable without reimbursement therefor.
    ``(e) Succession, Powers and Liability.--The Foundation shall have 
perpetual succession, with all the usual powers and obligations of a 
corporation acting as a trustee, including the power to sue and to be 
sued in its own name, but the members of the Board of the Foundation 
shall not be personally liable, except for malfeasance. The Foundation 
shall have the power to enter into contracts, to execute instruments, 
and generally to do any and all lawful acts necessary or appropriate to 
its purposes.
    ``(f) Bylaws.--In carrying out the provisions of this Act, the 
Board of the Foundation may adopt bylaws, rules, and regulations 
necessary for the administration of its functions and contract for any 
necessary services.
    ``(g) Tax Exempt Status.--The Foundation and any income or property 
received or owned by it, and all transactions relating to such income 
or property, shall be exempt from all Federal, State, and local 
taxation with respect thereto. The Foundation may, however, in the 
discretion of its directors, contribute toward the costs of local 
government in amounts not in excess of those which it would be 
obligated to pay such government if it were not exempt from taxation by 
virtue of the foregoing or by virtue of its being a charitable and 
nonprofit corporation and may agree so to contribute with respect to 
property transferred to it and the income derived therefrom if such 
agreement is a condition of the transfer. Contributions, gifts, and 
other transfers made to or for the use of the Foundation shall be 
regarded as contributions, gifts, or transfers to or for the use of the 
United States.
    ``(h) Non-Liability of United States.--The United States shall not 
be liable for any debts, defaults, acts, or omissions of the 
Foundation.
    ``(i) Reports.--The Foundation shall, as soon as practicable after 
the end of each fiscal year, transmit to Congress an annual report of 
its proceedings and activities, including a full and complete statement 
of its receipts, expenditures, and investments.
    ``(j) Initial Funding.--For the purposes of assisting the 
Foundation in establishing an office and meeting initial 
administrative, project, and other startup expenses, there is 
authorized to be appropriated $2,500,000 for fiscal year 2017. Such 
funds shall remain available to the Foundation until they are expended 
for authorized purposes.''.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    Section 501 of the National and Community Service Act of 1990 is 
amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by adding after subsection (a) the following:
    ``(b) Additional Authorization of Appropriations.--
            ``(1) Authorization.--There is authorized to be 
        appropriated to the Administration to carry out its programs 
        and functions, including the programs and activities carried 
        out under this Act and the Domestic Volunteer Service Act of 
        1973 (42 U.S.C. 4950 et seq.), such additional sums as are 
        necessary to achieve the goal set forth in paragraph (2).
            ``(2) Ten-year goal.--It is the sense of Congress that 
        amounts appropriated under paragraph (1) should be sufficient 
        to provide or facilitate volunteer service opportunities and 
        programs for not fewer than one million volunteers in full-time 
        national service per year before the end of the ten-year period 
        beginning on the date of enactment of this Act.''.

SEC. 10. EXCLUSION FROM GROSS INCOME OF AMERICORPS EDUCATIONAL AWARDS.

    (a) In General.--Section 117 of the Internal Revenue Code of 1986 
(relating to qualified scholarships) is amended by adding at the end 
the following new subsection:
    ``(e) AmeriCorps Educational Awards.--Gross income shall not 
include any national service educational award described in subtitle D 
of title I of the National and Community Service Act of 1990 (42 U.S.C. 
12601 et seq.).''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years ending after the date of the enactment of this Act.
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