[Congressional Record Volume 141, Number 137 (Wednesday, September 6, 1995)]
[Senate]
[Pages S12716-S12736]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. COATS:
S. 1201. A bill to provide for the awarding of grants for
demonstration projects for kinship care programs, and for other
purposes; to the Committee on Labor and Human Resources.
S. 1202. A bill to provide for a role model academy demonstration
program; to the Committee on Labor and Human Resources.
S. 1203. A bill to provide for character development; to the
Committee on Labor and Human Resources.
S. 1204. A bill to amend the United States Housing Act of 1937 to
increase public housing opportunities for intact families; to the
Committee on Banking, Housing, and Urban Affairs.
S. 1205. A bill to provide for the establishment of a mentor school
program, and for other purposes; to the Committee on Labor and Human
Resources.
S. 1206. A bill to amend the Internal Revenue Code of 1986 to allow a
refundable tax credit for adoption expenses and to exclude from gross
income employee and military adoption assistance benefits and
withdrawals from IRA's for certain adoption expenses, and to amend
title 5, United States Code, to exclude from gross income employee and
military adoption assistance benefits and withdrawals from IRAs for
certain adoption expenses, and for other purposes; to the Committee on
Finance.
S. 1207. A bill to amend part B of title IV of the Social Security
Act to provide for a set-aside of funds for States that have enacted
certain divorce laws, to amend the Legal Services Corporation Act to
prohibit the use of funds made available under the Act to provide legal
assistance in certain proceedings relating to divorces and legal
separations, and for other purposes; to the Committee on Finance.
S. 1208. A bill to amend the Internal Revenue Code of 1986 to allow
an additional earned income tax credit for married individuals and to
prevent fraud and abuse involving the earned income tax credit, and for
other purposes; to the Committee on Finance.
S. 1209. A bill to amend title V of the Social Security Act to
promote responsible parenthood and integrated delivery of family
planning services by increasing funding for and block granting the
family planning program and the adolescent family life program; to the
Committee on Finance.
S. 1210. A bill to provide for educational choice and equity; to the
Committee on Labor and Human Resources.
S. 1211. A bill to provide incentive grants to States to improve
methods of
ordering, collecting, and enforcing restitution to victims of crime,
and for other purposes; to the Committee on the Judiciary.
______
By Mr. COATS (for himself and Ms. Moseley-Braun):
S. 1212. A bill to provide for the establishment of demonstration
projects designed to determine the social, civic, psychological, and
economic effects of providing to individuals and families with limited
means an opportunity to accumulate assets, and to determine the extent
to which an asset-based welfare policy may be used to enable
individuals and families with low income to achieve economic self-
sufficiency; to the Committee on Finance.
______
By Mr. COATS:
S. 1213. A bill to provide for the disposition of unoccupied and
substandard multifamily housing projects owned by the Secretary of
Housing and Urban Development; to the Committee on Banking, Housing,
and Urban Affairs.
S. 1214. A bill to direct the Secretary of Health and Human Services
to establish a program to provide pregnant women with certificates to
cover expenses incurred in receiving services at maternity homes and to
establish a demonstration program to provide maternity care services to
certain unwed, pregnant teenagers, and for other purposes; to the
Committee on Labor and Human Resources.
S. 1215. A bill to evaluate the effectiveness of certain community
efforts in coordination with local police departments in preventing and
removing violent crime and drug trafficking from the community, in
increasing economic development in the community, and in preventing or
ending retaliation by perpetrators of crime against community
residents, and for other purposes; to the Committee on the Judiciary.
S. 1216. A bill to amend the Internal Revenue Code of 1986 to provide
a tax credit for individuals who provide care in their home for certain
individuals in need, and for other purposes; to the Committee on
Finance.
S. 1217. A bill to encourage the provision of medical services in
medically underserved communities by extending Federal liability
coverage to medical volunteers, and for other purposes; to the
Committee on Labor and Human Resources.
S. 1218. A bill to provide seed money to States and communities to
match, on a volunteer basis, nonviolent criminal offenders and welfare
families with churches that volunteer to offer assistance, and for
other purposes; to the Committee on Labor and Human Resources.
CIVIL SOCIETY LEGISLATION
Mr. COATS. Mr. President, I come to the Senate floor today to
introduce a broad package of legislation motivated by a single
conviction. That conviction is that we will never have a strong society
if our civil society is weak. The order of our streets, the character
of our children, and the renewal of our cities all depend directly on
the health of families and neighborhoods, on the strength of grassroots
community organizations, and on the vitality of private and religious
institutions that care for those in need because it is these
institutions that transmit values between generations, that encourage
cooperation between citizens, and make our communities seem smaller,
more friendly, and more manageable.
In nearly every community, rich and poor, they once created an
atmosphere in which most problems--from a teenage girl in trouble to
the rowdy neighborhood kids--could be confronted before their
repetition threatened the very existence of the community itself. It is
an increasingly clear fact of social
[[Page S 12717]]
science, and I think something evident to all of us in teaching of
common sense, that when this network of civil society is strong, there
is hope, hope in communities, hope in families, hope in America. And
when it is weak, we find a destructive form of despair that pervades
our land.
This fact is a challenge to the left which tends to concentrate on
individuals and their rights, not communities and their standards. But
it is also a challenge to the right which seems to overconcentrate on
simply transferring funds from one bureaucracy to another and changing
the incentives of the current welfare system.
Make no mistake. I support the goal of limiting government and of
transferring resources and authority to levels of government closer to
the people. But our deepest social problems, especially illegitimacy
and violence, are not rooted in economic incentives or the level of
government where spending takes place. I suggest they are rooted in the
breakdown of value-shaping institutions. Government has always depended
on these institutions. It does not create them. There is no legislative
package that I or anyone could offer that would rebuild them. And there
is no legislative package that could ever be written to replace them,
although we have had an experiment here for the last 30 years or so
with failed bureaucratic government approaches to these problems.
There is, however, I would suggest, an urgent need for Government to
respect, recognize and, wherever possible, encourage this network of
institutions that creates community. This, I am convinced, is the next
challenge for this Congress and the next stage of the Republican
revolution.
After the reach of government is limited, as it must be, the question
is how do we nurture the caring safety net of civil society? How do we
depend on it rather than undermine it or attempt to replace it? This
concern should reorient our thinking and our efforts. Our central goal
should be to respect and reinvigorate those traditional structures--
families, schools, neighborhoods, voluntary associations--that provide
training in citizenship and pass morality from generation to
generation.
I hope this is a specific debate--that is what I want--not a general
discussion. So I have made and will offer this morning a series of
specific proposals. They are not, and I do not pretend them to be, a
total solution to the problems that we face in society. But it is on
these issues that I believe a constructive argument can begin.
I have 18 specific pieces of legislation. People can take these 18
bills as a blueprint or as a target. But my goal is to start a debate
on items that I believe matter. I will not take the time this morning
to describe each of these proposals, but in the next few days every
Member of the Senate and the House will receive material summarizing
them. However, I do want to take a few moments to describe the theory
behind these proposals. Each one is designed to encourage in the margin
where it is possible three levels of society.
First, eight of the bills are directed at strengthening the role of
families and specifically fathers and, in their absence, providing
mentoring programs. This is the most basic level of civil society and,
I would suggest, the most vulnerable level of civil society today.
Second, six of the bills I am introducing are aimed at encouraging
private, local, grassroots organizations that are renewing their own
communities: community development corporations, neighborhood watches,
maternity group homes, small businesses.
And, finally, four of the bills are designed to encourage private and
faith-based charities in individual acts of compassion. They have an
effectiveness denied to government because they have the resources of
love and spiritual renewal that no government can or even should
provide.
This legislative package is part of a larger report and larger
effort, which I have titled the ``Project for American Renewal.''
I have undertaken this project with Dr. William Bennett. I intend to
call a series of hearings on these themes. We intend together to speak
out on the goals, the theory behind the goals, and the specific
elements of the proposal.
We attempt to highlight the extraordinary success of some of these
private and faith-based charities and the corresponding failure of
Government bureaucracies to address some of our most fundamental,
underlying social problems. Two hearings are already scheduled for the
end of September.
We also intend to raise this debate with Presidential candidates and
in the Republican platform. It is my conviction that the Republican
revolution will fail unless we have a message of hope that our worst
social problems are not permanent features of American life, that these
challenges are and can be confronted not by failed Government efforts
but by private community faith-based institutions that nurture lives
and bring renewed hope.
I want to assure my Republican colleagues I believe in devolution,
limiting government, giving authority and resources to State
governments, but there is a bolder form of devolution that I think
should take place beyond government. We should not only transfer
resources and authority to States but beyond government entirely to
those private institutions that humanize our lives and reclaim our
communities.
This I believe is the next step for Republicans. It is also a theme
that I think will challenge the creativity of both parties and may
likely cross party lines. We should adopt this approach because the
alternative, centralized bureaucratic control, has failed. But I think
there is another reason we should adopt this approach. We should adopt
it because it is profoundly hopeful. These institutions do not just
feed the body but they touch the soul. They have the power to transform
individuals and renew our society. There is simply no alternative that
holds such promise.
Mr. President, I send to the desk the text of these 18 bills and ask
that they be printed in the Record, and I hope that my colleagues will
look at them carefully.
Mr. President, I yield the floor.
Mr. PACKWOOD addressed the Chair.
The PRESIDING OFFICER. The Senator from Oregon.
Mr. PACKWOOD. I congratulate the Senator from Indiana. He and I are
on exactly the same wavelength on this. When we were debating the
welfare bill initially a few weeks ago before the recess, I cited from
a little pamphlet called ``To Empower People--The Role of Mediating
Structures in Public Policy.'' It is 20 years old and it is by Peter
Berger and Richard John Neuhaus, two quasi-philosophers. One has some
background in religion. I will quote just the first page:
Two seemingly contradictory tendencies are evident in
current thinking about public policy in America.
Bear in mind, this is 20 years ago.
First, there is a continuing desire for services provided
by the modern welfare state . . . The second tendency is one
of strong animus against Government bureaucracy and bigness
as such.
And then here I might even disagree with this sentence.
We suggest that the modern welfare state is here to stay,
indeed that it ought to expand the benefits it provides--but
that alternative mechanisms are possible to provide welfare
state services.
And then they just leapfrog even State and local governments and they
identify for us neighborhood, family, church, and voluntary
associations. And that is why we have put in our bill to the extent we
can make it constitutional that there is no prohibition about giving
money to the Goodwill or Catholic Charities or a Jewish home for the
aged if they are administering social services that we deem relevant.
And just because there happens to be a menorah in the hallway or a
cross on the wall should not make them ineligible to deliver the kinds
of services that they deliver better than any government we have ever
seen. I am sure the Senator, as I have, has been to shelter workshops
and has seen the Salvation Army or Goodwill and what they do with a
minuscule amount of money and lots of volunteers and community spirit
that cannot be bought. If you try to buy it, you lose the spirit. And
so I am delighted with what the Senator had to say today. And we are on
exactly the same wavelength. I hope we are successful.
Mr. COATS. I thank the Senator from Oregon for his remarks, and I
look forward to the analysis of the legislative items I put forward.
Again, I
[[Page S 12718]]
want to say there is no legislation that necessarily can adequately
address this underlying problem, but there are certainly things that I
think we can do to encourage and to nurture, to provide respect and,
hopefully, some measure of support to these institutions which, as the
Senator from Oregon has said, just do remarkable jobs because they go
beyond providing mere material needs and meeting those needs, which is
important, but they also can transform lives.
It is something that government cannot do to the extent that we can
constitutionally. And we had the same concerns as we drafted this
legislation. Can we constitutionally encourage these mediating
institutions? I think our society will find that source of hope that so
often is absent from our discussions.
I thank the Senator from Oregon.
Mr. PACKWOOD. It is interesting. Maybe the only constant in history
is change. In the early common law, 13th, 14th, 15th century, juries
were picked on the basis that they knew the defendant, not that they
did not know the defendant or did not know the facts. These were
neighborhood institutions. And who better to judge somebody than a
group that knew somebody.
We moved totally away from that. Now we sequester the Simpson jury
for months and months and months so they do not know anybody,
hopefully. But that was an attempt by the law 500 years ago to say,
``We think neighbors are better judges of people than anybody else.''
We moved away from it, maybe wisely, maybe not. But the concept is not
new that neighborhood knows better than anybody else.
Mr. President, I ask unanimous consent that the text of the bills be
printed in the Record.
There being no objection, the bills were ordered to be printed in the
Record, as follows:
S. 1201
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 ``Kinship Care Act of 1995''.
SEC. 2. KINSHIP CARE DEMONSTRATION.
(a) Grants.--The Secretary of Health and Human Services
(hereafter referred to in this Act as the ``Secretary'')
shall award grants to States for demonstration projects to
assist such States in developing or implementing procedures
to use adult relatives as the preferred placement for
children removed from their parents, so long as--
(1) such relatives are determined to be capable of
providing a safe, nurturing environment for the child; or
(2) such relatives comply with all relevant Federal and
State child protection standards.
(b) Requirements.--To be eligible to receive a grant under
subsection (a), a State shall--
(1) agree to, at a minimum, provide a needs-based payment
and supportive services, as appropriate, with respect to
children in a kinship care arrangement;
(2) agree to give preference to adult relatives who meet
applicable adoption standards in making adoption placements;
(3) establish such procedures as may be necessary to ensure
the safety of children who are placed with adult relatives;
and
(4) establish such procedures as may be necessary to ensure
that reasonable efforts will be made prior to the placement
of a child in foster care to give notice to an adult relative
(including a maternal or paternal grandparent, sibling, aunt,
or uncle who might be available to care for the child).
(c) Evaluation.--The Secretary shall, directly or through
contracts with public or private entities, provide for the
conduct of evaluations of demonstration projects carried out
under subsection (a) and for the dissemination of information
developed as a result of such projects.
SEC. 3. PROCEDURES TO PLACE CHILDREN WITH RELATIVES.
A State that receives a grant under this Act shall develop
procedures to ensure that reasonable efforts will be made
prior to the placement of a child in foster care, to provide
notice to a relative (including a maternal or fraternal
grandparent, adult sibling, aunt, or uncle) who might be
available to care for the child.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
Act $30,000,000 for each of the fiscal years 1996, 1997, and
1998.
____
S. 1202
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; PURPOSE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Role
Models Academy Demonstration Act''.
(b) Purpose.--The purpose of this Act is to establish a
Role Models Academy that--
(1) serves as a model, residential, military style magnet
school for at-risk youth from around the Nation who cease to
attend secondary school before graduation from secondary
school; and
(2) will foster a student's growth and development by
providing a residential, controlled environment conducive for
developing leadership skills, self-discipline, citizenship,
and academic and vocational excellence in a structured living
and learning environment.
(c) Definitions.--For the purpose of this Act--
(1) the term ``Academy'' means the academy established
under section 3;
(2) the term ``former member of the Armed Forces'' means
any individual who was discharged or released from service in
the Armed Forces under honorable conditions;
(3) the term ``local educational agency'' has the meaning
given that term in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801);
(4) the term ``secondary school'' has the meaning given
that term in section 14101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801); and
(5) the term ``Secretary'' means the Secretary of
Education.
SEC. 2. OBJECTIVES.
The objectives of this Act are as follows:
(1) To provide a comprehensive, coherent, integrated, high
quality, cost-effective, residential, education and
vocational training academy for the Nation's at-risk youth,
designed to meet the entrance demands of colleges and
universities and the needs of employers.
(2) To establish a comprehensive, national partnership
investment model among the Federal Government, States,
corporate America, and colleges and universities.
(3) To provide for community partnerships among local
community leaders, businesses, and churches to provide
mentoring to Academy students.
(4) To provide for a community partnership between the
Academy and the local school system under which model Academy
students will serve as mentors to at-risk youth who are
attending school to provide such in-school at-risk youth with
valuable instruction and insights regarding--
(A) the prevention of drug use and crime;
(B) self-restraint; and
(C) conflict resolution skills.
(5) To provide Academy students with--
(A) the tools to become productive citizens;
(B) learning skills;
(C) traditional, moral, ethical, and family values;
(D) work ethics;
(E) motivation;
(F) self-confidence; and
(G) pride.
(6) To provide employment opportunities at the Academy for
former members of the Armed Forces and participants in the
program assisted under section 1151 of title 10, United
States Code (Troops to Teachers Program).
(7) To make the Academy available, upon demonstration of
success, for expansion or duplication throughout every State,
through block grant funding or other means.
SEC. 3. ACADEMY ESTABLISHED.
The Secretary shall carry out a demonstration program under
which the Secretary establishes a four-year, residential,
military style academy--
(1) that shall offer at-risk youth secondary school
coursework and vocational training, and that may offer
precollegiate coursework;
(2) that focuses on the education and vocational training
of youth at risk of delinquency or dropping out of secondary
school;
(3) whose teachers are primarily composed of former members
of the Armed Forces or participants in the program assisted
under section 1151 of title 10, United States Code (Troops to
Teachers Program), if such former members or participants are
qualified and trained to teach at the Academy;
(4) that operates a mentoring program that--
(A) utilizes mentors from all sectors of society to serve
as role models for Academy students;
(B) provides, to the greatest extent possible, one-to-one
mentoring relationships between mentors and Academy students;
and
(C) involves mentors providing academic tutoring, advice,
career counseling, and role models;
(5) that may contain a Junior Reserve Officers' Training
Corps unit established in accordance with section 2031 of
title 10, United States Code;
(6) that is housed on the site of any military installation
closed pursuant to a base closure law; and
(7) if the Secretary determines that the Academy is
effective, that serves as a model for similar military style
academies throughout the United States.
SEC. 4. AUTHORIZATION.
There are authorized to be appropriated $30,000,000 for
fiscal year 1996 and such sums as may be necessary for each
of the fiscal years 1997, 1998, 1999, and 2000 to carry out
this Act.
____
S. 1203
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND PURPOSES.
(a) Short Title.--This Act may be cited as the ``Character
Development Act''.
(b) Purposes.--The purposes of this Act are--
[[Page S 12719]]
(1) to reduce the school dropout rate for at-risk youth;
(2) to improve the academic performance of at-risk youth;
and
(3) to reduce juvenile delinquency and gang participation.
SEC. 2. DEFINITIONS.
For the purposes of this Act--
(1) the term ``at-risk youth'' means a youth at risk of--
(A) educational failure;
(B) dropping out of school; or
(C) involvement in delinquent activities;
(2) the term ``eligible local educational agency'' means a
local educational agency that has entered into a partnership,
with a community-based organization that provides one-to-one
mentoring services, to carry out the authorized activities
described in section 5 in accordance with this Act;
(3) the terms ``elementary school'', ``local educational
agency'', and ``secondary school'', have the meanings given
such terms in section 14101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801);
(4) the term ``mentor'' means a person who works with an
at-risk youth on a one-to-one basis, to establish a
supportive relationship with the youth and to provide the
youth with academic assistance and exposure to new
experiences that enhance the youth's ability to become a
better student and a responsible citizen; and
(5) the term ``Secretary'' means the Secretary of
Education.
SEC. 3. MENTORING PROGRAMS.
(a) Grant Authority.--The Secretary is authorized to award
grants to eligible local educational agencies to enable such
agencies to establish mentoring programs that--
(1) are designed to link--
(A) individual at-risk youth; with
(B) responsible, individual adults who serve as mentors;
and
(2) are intended to--
(A) increase at-risk youth participation in, and enhance
the ability of such youth to benefit from, elementary and
secondary education;
(B) discourage at-risk youth from--
(i) using illegal drugs;
(ii) violence;
(iii) using dangerous weapons;
(iv) criminal activity not described in clauses (i), (ii),
and (iii); and
(v) involvement in gangs;
(C) promote personal and social responsibility among at-
risk youth;
(D) encourage at-risk youth participation in community
service and community activities; or
(E) provide general guidance to at-risk youth.
(b) Amount and Duration.--Each grant under this section
shall be awarded in an amount not to exceed a total of
$200,000 over a period of not more than three years.
(c) Priority.--The Secretary shall give priority to
awarding a grant under this section to an application
submitted under section 7 that--
(1) describes a mentoring program in which 60 percent or
more of the at-risk youth to be served are eligible for
assistance under part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.);
(2) describes a mentoring program that serves at-risk youth
who are--
(A) at risk of dropping out of school; or
(B) involved in delinquent activities; and
(3) demonstrates the ability of the eligible local
educational agency to continue the mentoring program after
the termination of the Federal funds provided under this
section.
(d) Other Considerations.--In awarding grants under this
section, the Secretary shall give consideration to--
(1) providing an equitable geographic distribution of such
grants, including awarding such grants for mentoring programs
in both rural and urban areas;
(2) the quality of the mentoring program described in the
application submitted under section 7, including--
(A) the resources, if any, that will be dedicated to
providing participating at-risk youth with opportunities for
job training or postsecondary education; and
(B) the degree to which parents, teachers, community-based
organizations, and the local community participate in the
design and implementation of the mentoring program; and
(3) the capability of the eligible local educational agency
to effectively implement the mentoring program.
SEC. 4. IMPLEMENTATION AND EVALUATION GRANTS.
The Secretary is authorized to award grants to national
organizations or agencies serving youth to enable such
organizations or agencies--
(1) to conduct a multisite demonstration project, involving
5 to 10 project sites, that--
(A) provides an opportunity to compare various one-to-one
mentoring models for the purpose of evaluating the
effectiveness and efficiency of such models;
(B) allows for innovative programs designed under the
oversight of a national organization or agency serving youth,
which programs may include--
(i) technical assistance;
(ii) training; and
(iii) research and evaluation; and
(C) disseminates the results of such demonstration project
to allow for the determination of the best practices for
various mentoring programs;
(2) to develop and evaluate screening standards for school-
linked mentoring programs; and
(3) to develop and evaluate volunteer recruitment
activities for school-linked mentoring programs.
SEC. 5. AUTHORIZED ACTIVITIES.
(a) Permitted Uses.--Grant funds awarded under this Act
(other than grant funds awarded under section 4) shall be
used for--
(1) hiring of mentoring coordinators and support staff;
(2) recruitment, screening and training of adult mentors;
(3) reimbursement of mentors for reasonable incidental
expenditures, such as transportation, that are directly
associated with mentoring, except that such expenditures
shall not exceed $500 per mentor per calendar year; or
(4) such other purposes as the Secretary determines may be
reasonable.
(b) Prohibited Uses.--Grant funds awarded under this Act
shall not be used--
(1) to directly compensate a mentor, except as provided
under subsection (a)(3);
(2) to obtain educational or other materials or equipment
that would otherwise be used in the ordinary course of the
grant recipient's operations;
(3) to support litigation; or
(4) for any other purposes that the Secretary determines
are prohibited.
SEC. 6. REGULATIONS AND GUIDELINES.
(a) Regulations.--The Secretary, after consultation with
the Secretary of Health and Human Services, the Attorney
General, and the Secretary of Labor, shall provide for the
promulgation of regulations to implement this Act.
(b) Guidelines.--The Secretary shall develop and distribute
to eligible local educational agencies receiving a grant
under section 3 specific model guidelines for the screening
of mentors.
SEC. 7. APPLICATIONS.
(a) In General.--Each entity desiring a grant under this
Act shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as
the Secretary may reasonably require.
(b) Mentoring Programs.--Each application submitted under
subsection (a) for a grant under section 3 shall contain--
(1) information on the at-risk youth expected to be served;
(2) a provision describing the mechanism for matching at-
risk youth with mentors based on the needs of the at-risk
youth;
(3) an assurance that no mentor will be assigned to more
than one at-risk youth, so as to ensure a one-to-one
mentoring relationship;
(4) an assurance that a mentoring program operated in a
secondary school will provide at-risk youth with a variety of
experiences and support, including--
(A) an opportunity to spend time in a work environment and,
when possible, participate in the work environment;
(B) an opportunity to witness the job skills that will be
required for the at-risk youth to obtain employment upon
graduation;
(C) assistance with homework assignments; and
(D) exposure to experiences that the at-risk youth might
not otherwise encounter;
(5) an assurance that the mentoring program operated in
elementary schools will provide at-risk youth with--
(A) academic assistance;
(B) exposure to new experiences and activities that at-risk
youth might not encounter on their own; and
(C) emotional support;
(6) an assurance that the mentoring program will be
monitored to ensure that each at-risk youth participating in
the mentoring program benefits from a mentor relationship,
including providing a new mentor assignment if the original
mentoring relationship is not beneficial to the at-risk
youth;
(7) the methods by which mentors and at-risk youth will be
recruited to the mentoring program;
(8) the method by which prospective mentors will be
screened; and
(9) the training that will be provided to mentors.
SEC. 8. EVALUATION.
(a) Evaluation.--The Comptroller General of the United
States shall enter into a contract, with an evaluating
organization that has demonstrated experience in conducting
evaluations, for the conduct of an ongoing rigorous
evaluation of the programs and activities assisted under this
Act.
(b) Evaluation Criteria.--The Comptroller General of the
United States, in consultation with the Secretary, shall
establish minimum criteria for evaluating the programs and
activities assisted under this Act. Such criteria shall
provide for a description of the implementation of each
program or activity assisted under this Act and such program
or activity's effect on all participants, schools,
communities, and youth served by such program or activity.
SEC. 9. REPORTS.
(a) Report by Grant Recipients.--Each entity receiving a
grant under this Act shall submit to the evaluating
organization entering into the contract under section 8(a)(1)
an annual report regarding any program or activity assisted
under this Act. Each such report shall be submitted at such a
time, in such a manner, and accompanied by such information,
as such evaluating organization may require.
(b) Reports by Comptroller General.--The Comptroller
General shall submit to
[[Page S 12720]]
Congress not later than September 30, 1999, a report regarding the
success and effectiveness of grants awarded under this Act in
reducing the school dropout rate, improving academic
performance of at-risk youth, and reducing juvenile
delinquency and gang participation.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) Mentoring Programs.--There is authorized to be
appropriated $35,000,000 for each of the fiscal years 1996,
1997, 1998, 1999, and 2000 to carry out section 3.
(b) Implementation and Evaluation Grants.--There is
authorized to be appropriated $5,000,000 for each of the
fiscal years 1996, 1997, 1998, 1999, and 2000 to carry out
section 4.
____
S. 1204
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 ``Family Housing Act of
1995''.
SEC. 2. PUBLIC HOUSING FOR INTACT FAMILIES.
Section 6(c)(4)(A) of the United States Housing Act of 1937
(42 U.S.C. 1437d(c)(4)(A)) is amended--
(1) in clause (iii), by striking ``and'' at the end;
(2) in clause (iv), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new clause:
``(v) for not less than 15 percent of the units that are
made available for occupancy in a given fiscal year, give
preference to any family that includes 2 individuals who are
legally married to each other;''.
____
S. 1205
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS; AND PURPOSES.
(a) Short Title.--This Act may be cited as the ``Mentor
Schools Act''.
(b) Findings.--The Congress finds that--
(1) while low-income students have made significant gains
with respect to educational achievement and attainment,
considerable gaps still persist for these students in
comparison to those from more affluent socio-economic
backgrounds;
(2) our Nation has a compelling interest in assuring that
all children receive a high quality education;
(3) new methods and experiments to revitalize the
educational achievement of, and opportunities for, low-income
individuals must be a part of any comprehensive solution to
the problems in our Nation's educational system;
(4) successful educational alternatives should be widely
implemented to better the education of low-income
individuals;
(5) preliminary research shows that same gender schools
produce promising academic and behavioral improvements in
both sexes for low-income, educationally disadvantaged
students;
(6) extensive data on same gender schools are needed to
determine whether same gender schools are closely tailored to
achieving the compelling government interest in assuring that
all children are educated to the best of their ability;
(7) in recent years efforts to experiment with same gender
schools have been inhibited by lawsuits and threats of
lawsuits by private groups as well as governmental entities;
and
(8) same gender schools are a legal educational alternative
to coeducational schools and are not prohibited under the
regulations under title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.), as such regulations were in
effect on the day preceding the date of enactment of this
Act, so long as--
(A) comparable courses, services and facilities are
available to students of each sex; and
(B) the same policies and criteria for admission to such
schools are used for both sexes.
(c) Purposes.--It is the purpose of this Act--
(1) to award grants to local educational agencies for the
establishment of same gender schools for low-income students;
(2) to determine whether same gender schools make a
difference in the educational achievement and opportunities
of low-income, educationally disadvantaged individuals;
(3) to improve academic achievement and persistence in
school; and
(4) to involve parents in the educational options and
choices of their children.
SEC. 2. DEFINITIONS.
As used in this Act--
(1) the term ``evaluating agency'' means any academic
institution, consortium of professionals, or private or
nonprofit organization, with demonstrated experience in
conducting evaluations, that is not an agency or
instrumentality of the Federal Government;
(2) the term ``mentor school'' means a public elementary
school or secondary school, or consortium of such schools,
that--
(A)(i) in the case of a public elementary school or
secondary school, receives funds under this Act; or
(ii) in the case of a consortium of such schools, all of
which receive funds under this Act;
(B) develops a plan for, and provides access to--
(i) a school for boys;
(ii) a school for girls; and
(iii) a coeducational school;
(C) gives parents the option of choosing to send their
child to each school described in subparagraph (B);
(D) admits students on the basis of a lottery, if more
students apply for admission to a school described in clause
(i) or (ii) of subparagraph (B) that can be accommodated;
(E) operates, as part of the educational program of a
school described in clause (i) or (ii) of subparagraph (B), a
one-to-one mentoring program that--
(i) involves members from the community served by such
school as volunteer mentors;
(ii) pairs an adult member of such community with a student
of the same gender as such member; and
(iii) involves the collaboration of one or more community
groups with experience in mentoring or other relationship
development activities; and
(F) operates in pursuit of improving achievement among all
children based on a specific set of educational objectives
determined by the local educational agency applying for a
grant under this part, in conjunction with the mentor school
advisory board established under section 3(d), and agreed to
by the Secretary;
(3) the term ``mentor school advisory board'' means an
advisory board established in accordance with section 3(d);
and
(4) the term ``Secretary'' means the Secretary of
Education.
SEC. 3. PROGRAM AUTHORIZED.
(a) Authority.--
(1) In general.--From amounts made available under section
7, the Secretary is authorized to award grants to not more
than 100 local educational agencies for the planning and
operation of one or more mentor schools.
(2) Eligible local educational agencies.--The Secretary
shall only award a grant under paragraph (1) to a local
educational agency that--
(A) receives funds under section 1124A of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6334); and
(B) is among the 20 percent of local educational agencies
receiving funds under section 1124A (20 U.S.C. 6334) of such
Act in the State that have the highest number of children
described in section 1124(c) (20 U.S.C. 6333(c)) of such Act.
(b) Grant Periods.--Each grant under subsection (a) may be
awarded for a period of not more than 5 years, of which a
local educational agency may use not more than 1 year for
planning and program development for a mentor school.
(c) Limitation.--The Secretary shall not award more than 1
grant under this Act to support a particular mentor school.
(d) Mentor School Advisory Board.--Each local educational
agency receiving a grant under this Act shall establish a
mentor school advisory board. Such advisory board shall be
composed of school administrators, parents, teachers, local
government officials and volunteers involved with a mentor
school. Such advisory board shall assist the local
educational agency in developing the application for
assistance under section 4 and serve as an advisory board in
the functioning of the mentor school.
(e) Alternative Teaching Certificates.--Each local
educational agency operating a mentor school under this Act
is encouraged to employ teachers with alternative teaching
certificates, including participants in the program assisted
under section 1151 of title 10, United States Code (Troops to
Teachers Program).
SEC. 4. APPLICATIONS.
(a) Applications Required.--Each local educational agency
desiring a grant under this Act shall submit an application
to the Secretary at such time, in such manner and accompanied
by such information as the Secretary may reasonably require.
(b) Application Contents.--Each application described in
subsection (a) shall include--
(1) a description of the educational program to be
implemented by the proposed mentor school, including--
(A) the grade levels or ages of children to be served; and
(B) the curriculum and instructional practices to be used;
(2) a description of the objectives of the local
educational agency for the mentor school and a description of
how such agency intends to monitor and study the progress of
children participating in the mentor school;
(3) a description of how the local educational agency
intends to include in the mentor school administrators,
teaching personnel, and role models from the private sector;
(4) a description of how school administrators, parents,
teachers, local government and volunteers will be involved in
the design and implementation of the mentor school;
(5) a description of the one-to-one mentoring program
required by section 2(2)(E);
(6) a description of how the local educational agency or
the State, as appropriate, will provide for continued
operation of the mentor school once the Federal grant has
expired, if such agency determines that such school is
successful;
(7) a description of how the grant funds will be used;
(8) a description of how students in attendance at the
mentor school, or in the community served by such school,
will be--
[[Page S 12721]]
(A) informed about such school; and
(B) informed about the fact that admission to a school
described in section 2(2)(B) is completely voluntary;
(9) a description of how grant funds provided under this
Act will be used in conjunction with funds provided to the
local educational agency under any other program administered
by the Secretary;
(10) an assurance that the local educational agency will
annually provide the Secretary such information as the
Secretary may require to determine if the mentor school is
making satisfactory progress toward achieving the objectives
described in paragraph (2);
(11) an assurance that the local educational agency will
cooperate with the Secretary in evaluating the program
authorized by this Act;
(12) an assurance that resources provided under this Act
shall be used equally for schools for boys and for schools
for girls;
(13) an assurance that the activities assisted under this
Act will not have an adverse affect, on either sex, that is
caused by--
(A) the quality of facilities for boys and for girls;
(B) the nature of the curriculum for boys and for girls;
(C) program activities for boys and for girls; and
(D) instruction for boys and for girls; and
(14) such other information and assurances as the Secretary
may require.
SEC. 5. SELECTION OF GRANTEES.
The Secretary shall award grants under this Act on the
basis of the quality of the applications submitted under
section 4, taking into consideration such factors as--
(1) the quality of the proposed curriculum and
instructional practices for the mentor school;
(2) the organizational structure and management of the
mentor school;
(3) the quality of the plan for assessing the progress made
by students served by a mentor school over the period of the
grant;
(4) the extent of community support for the application;
(5) the likelihood that the mentor school will meet the
objectives of such school and improve educational results for
students; and
(6) the assurances submitted pursuant to section 4(b)(13).
SEC. 6. EVALUATION.
(a) In General.--From the amount appropriated under section
7 for each fiscal year, the Secretary shall make available to
the Comptroller General 1 percent of such amount to enable
the Comptroller General to enter into a contract with an
evaluating agency for the evaluation of the mentor schools
program under this Act. Such evaluation shall measure the
academic competence and social development of students
attending mentor schools, including school attendance levels,
student achievement levels, drop out rates, college
admissions, incidences of teenage pregnancy, and incidences
of incarceration.
(b) Report.--The evaluating agency entering into the
contract described in subsection (a) shall submit a report to
the Congress not later than September 30, 2002, regarding the
results of the evaluation conducted in accordance with such
subsection.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated
$300,000,000 for fiscal year 1996 and such sums as may be
necessary for each of the fiscal years 1997, 1998, 1999, and
2000 to carry out this Act.
(b) Availability.--Funds appropriated under subsection (a)
shall remain available until expended.
____
S. 1206
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 ``Adoption Assistance Act''.
TITLE I--GENERAL ADOPTION ASSISTANCE
SEC. 101. REFUNDABLE CREDIT FOR ADOPTION EXPENSES.
(a) In General.--Subpart C of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
refundable credits) is amended by redesignating section 35 as
section 36 and by inserting after section 34 the following
new section:
``SEC. 35. ADOPTION EXPENSES.
``(a) Allowance of Credit.--In the case of an individual,
there shall be allowed as a credit against the tax imposed by
this subtitle for the taxable year the amount of the
qualified adoption expenses paid or incurred by the taxpayer
during such taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--The aggregate amount of qualified
adoption expenses which may be taken into account under
subsection (a) with respect to the adoption of a child shall
not exceed $5,000.
``(2) Income limitation.--The amount allowable as a credit
under subsection (a) for any taxable year shall be reduced
(but not below zero) by an amount which bears the same ratio
to the amount so allowable (determined without regard to this
paragraph but with regard to paragraph (1)) as--
``(A) the amount (if any) by which the taxpayer's adjusted
gross income (determined without regard to sections 911, 931,
and 933) exceeds $60,000, bears to
``(B) $40,000.
``(3) Denial of double benefit.--
``(A) In general.--No credit shall be allowed under
subsection (a) for any expense for which a deduction or
credit is allowable under any other provision of this
chapter.
``(B) Grants.--No credit shall be allowed under subsection
(a) for any expense to the extent that funds for such expense
are received under any Federal, State, or local program.
``(c) Qualified Adoption Expenses.--
``(1) In general.--For purposes of this section, the term
`qualified adoption expenses' means reasonable and necessary
adoption fees, court costs, attorney fees, and other
expenses--
``(A) which are directly related to, and the principal
purpose of which is for, the legal and final adoption of a
child by the taxpayer, and
``(B) which are not incurred in violation of State or
Federal law or in carrying out any surrogate parenting
arrangement.
``(2) Expenses for adoption of spouse's child not
eligible.--The term `qualified adoption expenses' shall not
include any expenses in connection with the adoption by an
individual of a child who is the child of such individual's
spouse.
``(d) Married Couples Must File Joint Returns, Etc.--Rules
similar to the rules of paragraphs (2), (3), and (4) of
section 21(e) shall apply for purposes of this section.''
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``, or
from section 35 of such Code''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by striking the last item and inserting the
following:
``Sec. 35. Adoption expenses.
``Sec. 36. Overpayments of tax.''
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1995.
TITLE II--ADOPTION ASSISTANCE FOR FEDERAL EMPLOYEES
SEC. 201. REIMBURSEMENT FOR ADOPTION EXPENSES.
(a) In General.--Subpart G of part III of title 5, United
States Code, is amended by adding at the end the following:
``CHAPTER 90--MISCELLANEOUS EMPLOYEE BENEFITS
``9001. Adoption benefits.
``Sec. 9001. Adoption benefits
``(a) For the purpose of this section--
``(1) the term `agency' means--
``(A) an Executive agency;
``(B) an agency in the judicial branch; and
``(C) an agency in the legislative branch (other than any
included under subparagraph (A));
``(2) the term `employee' does not include any individual
who, pursuant to the exercise of any authority under section
8913(b), is excluded from participating in the health
insurance program under chapter 89; and
``(3) the term `adoption expenses', as used with respect to
a child, means any reasonable and necessary expenses directly
relating to the adoption of such child, including--
``(A) fees charged by an adoption agency;
``(B) placement fees;
``(C) legal fees;
``(D) counseling fees;
``(E) medical expenses, including those relating to
obstetrical care for the biological mother, medical care for
the child, and physical examinations for the adopting parent
or parents;
``(F) foster-care charges; and
``(G) transportation expenses.
``(b) The head of each agency shall by regulation establish
a program under which any employee of such agency who adopts
a child shall be reimbursed for any adoption expenses
incurred by such employee in the adoption of such child.
``(c) Under the regulations, reimbursement may be provided
only--
``(1) after the adoption becomes final, as determined under
the laws of the jurisdiction governing the adoption;
``(2) if, at the time the adoption becomes final, the child
is under 18 years of age and unmarried; and
``(3) if appropriate written application is filed within
such time, complete with such information, and otherwise in
accordance with such procedures as may be required.
``(d)(1) Reimbursement for an employee under this section
with respect to any particular child--
``(A) shall be payable only if, or to the extent that,
similar benefits paid (or payable) under one or more programs
established under State law or another Federal statute have
not met (or would not meet) the full amount of the adoption
expenses incurred; and
``(B) may not exceed $2,000.
``(2)(A) In any case in which both adopting parents are
employees eligible for reimbursement under this section, each
parent shall be eligible for an amount determined in
accordance with paragraph (1), except as provided in
subparagraph (B).
``(B) No amount shall be payable under this section if, or
to the extent that, payment of such amount would cause the
sum of the total amount payable to the adoptive parents under
this section, and the total amount paid (or payable) to them
under any program or programs referred to in paragraph
(1)(A), to exceed the lesser of--
``(i) the total adoption expenses incurred; or
[[Page S 12722]]
``(ii) $4,000.
``(3) The guidelines issued under subsection (g) shall
include provisions relating to interagency cooperation and
other appropriate measures to carry out this subsection.
``(e) Any amount payable under this section shall be paid
from the appropriation or fund used to pay the employee
involved.
``(f) An application for reimbursement under this section
may not be denied based on the marital status of the
individual applying.
``(g)(1) The Office of Personnel Management may issue any
general guidelines which the Office considers necessary to
promote the uniform administration of this section.
``(2) The regulations prescribed by the head of each
Executive agency under this section shall be consistent with
any guidelines issued under paragraph (1).
``(3) Upon the request of any agency, the Office may
provide consulting, technical, and any other similar
assistance necessary to carry out this section.''.
(b) Conforming Amendments.--(1) The heading of subpart G of
part III of title 5, United States Code, is amended to read
as follows:
``SUBPART G--ANNUITIES, INSURANCE, AND MISCELLANEOUS BENEFITS''.
(2) The analysis for part III of title 5, United States
Code, is amended--
(A) by striking the item relating to subpart G and
inserting in lieu thereof the following:
``SUBPART G--ANNUITIES, INSURANCE, AND MISCELLANEOUS BENEFITS''; and
(B) by adding after the item relating to chapter 89 the
following:
``90. Miscellaneous Employee Benefits.......................9001''.....
SEC. 202. APPLICABILITY TO POSTAL EMPLOYEES.
Section 1005 of title 39, United States Code, is amended by
adding at the end the following:
``(g) Section 9001 of title 5 shall apply to the Postal
Service. Regulations prescribed by the Postal Service to
carry out this subsection shall be consistent with any
guidelines issued under subsection (g)(1) of such section.''.
SEC. 203. EFFECTIVE DATE.
This title shall take effect on October 1, 1995, and shall
apply with respect to any adoption which becomes final
(determined in the manner described in section 9001(c)(1) of
title 5, United States Code, as added by this title) on or
after that date.
TITLE III--EXCLUSION OF ADOPTION ASSISTANCE
SEC. 301. EXCLUSION OF ADOPTION ASSISTANCE.
(a) In General.--Part III of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 is amended by redesignating
section 137 as section 138 and by inserting after section 136
the following new section:
``SEC. 137. ADOPTION ASSISTANCE.
``(a) In General.--Gross income of an employee does not
include employee adoption assistance benefits, or military
adoption assistance benefits, received by the employee with
respect to the employee's adoption of a child.
``(b) Definitions.--For purposes of this section--
``(1) Employee adoption assistance benefits.--The term
`employee adoption assistance benefits' means payment by an
employer of qualified adoption expenses with respect to an
employee's adoption of a child, or reimbursement by the
employer of such qualified adoption expenses paid or incurred
by the employee in the taxable year.
``(2) Employer and employee.--The terms `employer' and
`employee' have the respective meanings given such terms by
section 127(c).
``(3) Military adoption assistance benefits.--The term
`military adoption assistance benefits' means benefits
provided under section 1052 of title 10, United States Code,
or section 514 of title 14, United States Code.
``(4) Qualified adoption expenses.--
``(A) In general.--The term `qualified adoption expenses'
means reasonable and necessary adoption fees, court costs,
attorney fees, and other expenses--
``(i) which are directly related to, and the principal
purpose of which is for, the legal adoption of an eligible
child by the taxpayer, and
``(ii) which are not incurred in violation of State or
Federal law or in carrying out any surrogate parenting
arrangement.
``(B) Eligible child.--The term `eligible child' means any
individual--
``(i) who has not attained age 18 as of the time of the
adoption, or
``(ii) who is physically or mentally incapable of caring
for himself.
``(c) Coordination With Other Provisions.--The Secretary
shall issue regulations to coordinate the application of this
section with the application of any other provision of this
title which allows a credit or deduction with respect to
qualified adoption expenses.''
(b) Clerical Amendment.--The table of sections for part III
of subchapter B of chapter 1 of such Code is amended by
striking the item relating to section 137 and inserting the
following new items:
``Sec. 137. Adoption assistance.
``Sec. 138. Cross references to other Acts.''
(c) Effective Date.--The amendments made this section shall
apply to taxable years beginning after December 31, 1995.
____
S. 1207
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 ``Family Reconciliation Act''.
SEC. 2. SET-ASIDE FOR STATES WITH APPROVED FAMILY
RECONCILIATION PLANS.
(a) In General.--
(1) Set-aside.--Section 430(d) of the Social Security Act
(42 U.S.C. 629(d)) is amended by adding at the end the
following new paragraph:
``(4) Family reconciliation.--The Secretary shall reserve
10 percent of the amounts described in subsection (b) for
each fiscal year, for allotment to States with family
reconciliation plans approved under section 432(c)(3) to
develop and conduct counseling programs described in section
432(c)(2)(B).''.
(2) Assistance in developing family reconciliation
counseling programs.--Section 430(d)(1) of such Act (42
U.S.C. 629(d)(1)) is amended--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) in assisting States in developing and operating
counseling programs described in section 432(c)(2)(B).''.
(3) Family reconciliation plans.--Section 432 of such Act
(42 U.S.C. 629(b)) is amended by adding at the end the
following new subsection:
``(c) Family Reconciliation Plans.--
``(1) Plan requirements.--A State family reconciliation
plan meets the requirements of this paragraph if the plan
demonstrates that the State has in effect the laws referred
to in paragraph (2).
``(2) Satisfaction of plan requirements.--In order to
satisfy paragraph (1), a State must have in effect laws
requiring that, prior to a final dissolution of marriage of a
couple who have one or more children under 12 years of age,
the couple shall be required to--
``(A) undergo a minimum 60-day waiting period beginning on
the date dissolution documents are filed; and
``(B) participate in counseling programs offered by a
public or private counseling service that includes discussion
of the psychological and economic impact of the divorce on
the couple, the children of the couple, and society.''.
``(3) Approval of plans.--The Secretary shall approve a
plan that meets the requirements of paragraph (1).''.
(4) Allotment.--Section 433 of such Act (42 U.S.C. 633) is
amended by adding at the end the following new subsection:
``(d) Allotments to States With Approved Family
Reconciliation Plans.--
``(1) In general.--From the amount reserved pursuant to
section 430(d)(4) for any fiscal year, the Secretary shall
allot to each State (other than an Indian tribe) with a
family reconciliation plan approved under section 432(c)(3),
an amount that bears the same ratio to the amount reserved
under such section as the average annual number of final
dissolutions of marriage described in paragraph (2) in the
State for the 3 fiscal years referred to in subsection
(c)(2)(B) bears to the average annual number of such final
dissolutions of marriage in such 3-year period in all States
with family reconciliation plans approved under section
432(c)(3).
``(2) Final dissolutions of marriage described.--For
purposes of paragraph (1), a final dissolution of marriage
described in this paragraph is a final dissolution of
marriage of a couple who have one or more children under 12
years of age.''.
(5) Entitlement.--
(A) In general.--Section 434(a) of such Act (42 U.S.C.
629d(a)) is amended by adding at the end the following new
paragraph:
``(3) Family Reconciliation Amount.--Each State with a
family reconciliation plan approved under section 432(c)(3)
shall be entitled to an amount equal to the allotment of the
State under section 433(d) for the fiscal year.
(B) Conforming amendment.--Section 434(a) of such Act (42
U.S.C. 629d(a)) is amended by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 1995.
SEC. 3. USE OF FUNDS UNDER LEGAL SERVICES CORPORATION ACT.
Section 1007(b) of the Legal Services Corporation Act (42
U.S.C. 2996f(b)) is amended--
(1) in paragraph (9), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (10), by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(11) to provide legal assistance to an eligible client
with respect to a proceeding or litigation in which the
client seeks to obtain a dissolution of a marriage or a legal
separation from a spouse, except that nothing in this
paragraph shall prohibit a recipient from providing legal
assistance to the client with respect to the proceeding or
litigation if a court of appropriate jurisdiction has
determined that the spouse has physically or mentally abused
the client.''.
____
[[Page S 12723]]
S. 1208
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF 1986.
(a) Short Title.--This Act may be cited as the ``Family
Fairness Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Internal
Revenue Code of 1986.
SEC. 2. ADDITIONAL EARNED INCOME CREDIT FOR MARRIED
INDIVIDUALS.
(a) In General.--Paragraph (1) of section 32(a) (relating
to earned income credit) is amended to read as follows:
``(1) In general.--There shall be allowed as a credit
against the tax imposed by this subtitle for the taxable year
an amount equal to the sum of--
``(A) in the case of an eligible individual, an amount
equal to the credit percentage of so much of the taxpayer's
earned income for the taxable year as does not exceed the
earned income amount, and
``(B) in the case of an eligible married individual, the
applicable percentage of $1,000.''.
(b) Applicable Percentage.--Section 32(b) (relating to
percentages and amounts) is amended by adding at the end the
following new paragraph:
``(3) Applicable percentage.--The applicable percentage for
any taxable year is equal to 100 percent reduced (but not
below 0 percent) by 10 percentage points for each $1,000 (or
fraction thereof) by which the taxpayer's earned income for
such taxable year exceeds $16,000.''.
(c) Eligible Married Individuals.--Section 32(c) (relating
to definitions and special rules) is amended by adding at the
end the following new paragraph:
``(4) Eligible married individuals.--The term `eligible
married individual' means an eligible individual--
``(A) who is married (as defined in section 7703) and who
has lived together with the individual's spouse at all times
during such marriage during the taxable year, and
``(B) has earned income for the taxable year of at least
$8,500.''.
(d) Conforming Amendments.--
(1) Section 32(a)(2) is amended by striking ``paragraph
(1)'' and inserting ``paragraph (1)(A)''.
(2) Section 32(j) is amended to read as follows:
``(j) Inflation Adjustments.--
``(1) In general.--In the case of any taxable year
beginning after the applicable calendar year, each dollar
amount referred to in paragraph (2)(B) shall be increased by
an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined under
section 1(f)(3), for the calendar year in which the taxable
year begins, by substituting for `calendar year 1992' in
subparagraph (B) thereof--
``(i) `calendar year 1993' in the case of the dollar
amounts referred to in paragraph (2)(B)(i), and
``(ii) `calendar year 1995' in the case of the dollar
amounts referred to in paragraph (2)(B)(ii).
``(2) Definitions, etc.--For purposes of paragraph (1)--
``(A) Applicable calendar year.--The term `applicable
calendar year' means--
``(i) 1994 in the case of the dollar amounts referred to in
paragraph (2)(B)(i), and
``(ii) 1996 in the case of the dollar amounts referred to
in paragraph (2)(B)(ii).
``(B) Dollar amounts.--The dollar amounts referred to in
this subparagraph are--
``(i) each dollar amount contained in subsection (b)(2)(A),
and
``(ii) the $16,000 amount contained in subsection (b)(3)
and the dollar amount contained in subsection (c)(4)(B).
``(3) Rounding.--If any dollar amount after being increased
under paragraph (1) is not a multiple of $10, such dollar
amount shall be rounded to the nearest multiple of $10 (or,
if such dollar amount is a multiple of $5, such dollar amount
shall be increased to the next higher multiple of $10).''.
(e) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1995.
SEC. 3. EARNED INCOME CREDIT DENIED TO INDIVIDUALS NOT
AUTHORIZED TO BE EMPLOYED IN THE UNITED STATES.
(a) In General.--Section 32(c)(1) (relating to individuals
eligible to claim the earned income tax credit) is amended by
adding at the end the following new subparagraph:
``(F) Identification number requirement.--The term
`eligible individual' does not include any individual who
does not include on the return of tax for the taxable year--
``(i) such individual's taxpayer identification number, and
``(ii) if the individual is married (within the meaning of
section 7703), the taxpayer identification number of such
individual's spouse.''.
(b) Special Identification Number.--Section 32 is amended
by adding at the end the following new subsection:
``(l) Identification Numbers.--Solely for purposes of
paragraphs (1)(F) and (3)(D) of subsection (c), a taxpayer
identification number means a social security number issued
to an individual by the Social Security Administration (other
than a social security number issued pursuant to clause (II)
(or that portion of clause (III) that relates to clause (II))
of section 205(c)(2)(B)(i) of the Social Security Act).''.
(c) Extension of Procedures Applicable to Mathematical or
Clerical Errors.--Section 6213(g)(2) (relating to the
definition of mathematical or clerical errors) is amended by
striking ``and' at the end of subparagraph (D), by striking
the period at the end of subparagraph (E) and inserting ``,
and'', and by inserting after subparagraph (E) the following
new subparagraph:
``(F) an omission of a correct taxpayer identification
number required under section 23 (relating to credit for
families with younger children) or section 32 (relating to
the earned income tax credit) to be included on a return.''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1995.
SEC. 4. REPEAL OF EARNED INCOME CREDIT FOR INDIVIDUALS
WITHOUT CHILDREN.
(a) In General.--Subparagraph (A) of section 32(c)(1)
(defining eligible individual) is amended to read as follows:
``(A) In general.--The term `eligible individual' means any
individual who has a qualifying child for the taxable
year.''.
(b) Conforming Amendments.--Each of the tables contained in
paragraphs (1) and (2) of section 32(b) are amended by
striking the items relating to no qualifying children.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1995.
SEC. 6. RULES RELATING TO DENIAL OF EARNED INCOME CREDIT ON
BASIS OF DISQUALIFIED INCOME.
(a) Definition of Disqualified Income.--Paragraph (2) of
section 32(i) (defining disqualified income) is amended by
striking ``and'' at the end of subparagraph (B), by striking
the period at the end of subparagraph (C) and inserting ``,
and'' and by adding at the end the following new
subparagraphs:
``(D) capital gain net income,
``(E) the excess (if any) of--
``(i) the aggregate income from all passive activities for
the taxable year (determined without regard to any amount
described in a preceding subparagraph), over
``(ii) the aggregate losses from all passive activities for
the taxable year (as so determined), and
``(F) amounts includible in gross income under section 652
or 662 for the taxable year to the extent not taken into
account under any preceding subparagraph.
For purposes of subparagraph (E), the term `passive activity'
has the meaning given such term by section 469.''.
(b) Decrease in Amount of Disqualified Income Allowed.--
Paragraph (1) of section 32(i) (relating to denial of credit)
is amended by striking ``$2,350'' and inserting ``$1,000''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1995.
SEC. 7. MODIFICATION OF ADJUSTED GROSS INCOME DEFINITION FOR
EARNED INCOME CREDIT.
(a) In General.--Subparagraph (B) of section 32(a)(2)
(relating to limitation) is amended by striking ``adjusted
gross income'' and inserting ``modified adjusted gross
income''.
(b) Modified Adjusted Gross Income Defined.--Section 32(c)
(relating to definitions and special rules) is amended by
adding at the end the following new paragraph:
``(5) Modified adjusted gross income.--The term `modified
adjusted gross income' means adjusted gross income, increased
by the sum of--
``(A) social security benefits (as defined in section
86(d)) received to the extent not includible in gross income,
``(B) amounts received by (or on behalf of) a spouse
pursuant to a divorce or separation instrument (as defined in
section 71(b)(2)) which, under the terms of the instrument,
are fixed as payable for the support of the children of the
payor spouse (as determined under section 71(c)),
``(C) interest received or accrued during the taxable year
which is exempt from tax imposed by this chapter, and
``(D) any amount received by a participant or beneficiary
under a qualified retirement plan (as defined in section
4974(c)) to the extent not includible in gross income.
Subparagraph (D) shall not apply to any amount received if
the recipient transfers such amount in a rollover
contribution described in section 402(c), 403(a)(4),
403(b)(8), or 408(d)(3).''
(c) Study.--The Secretary of the Treasury shall conduct a
study of the Federal tax treatment of child support payments
to determine whether or not changes in such treatment are
necessary. The Secretary shall report to the Committee on
Finance of the Senate and the Committee on Ways and Means of
the House of Representatives the results of the study,
including recommendations (if any) which the Secretary
determines appropriate to encourage payment of child support
liabilities by parents and to make both parents more
responsible for a child's economic well-being.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1995.
[[Page S 12724]]
SEC. 8. EARNED INCOME CREDIT NOT ALLOWED UNTIL RECEIPT OF
EMPLOYER'S WITHHOLDING STATEMENT.
(a) In General.--Section 6401(b) (relating to excessive
credits treated as overpayments) is amended by adding at the
end the following new paragraph:
``(3) Special rule for earned income credit.--For purposes
of paragraph (1), the earned income credit allowed under
section 32 shall not be treated as a credit allowable under
subpart C of part IV of subchapter A of chapter 1 unless the
Secretary is able to verify the amount of such credit by
comparing it with--
``(A) information returns filed with the Secretary under
section 6051(d) by employees of the individual claiming the
credit,
``(B) self-employment tax returns filed with the Secretary
under section 6017, or
``(C) both.
The preceding sentence shall apply to any advanced payment of
the earned income credit under section 3507.''
(b) Effective Date; Study.--
(1) In general.--The amendment made by this section shall
apply to taxable years beginning after December 31, 1996.
(2) Study.--The Secretary of the Treasury shall conduct a
study to determine the delays (if any) which would result in
the processing of Federal income tax returns by reason of the
amendment made by this section. Not later than 1 year after
the date of the enactment of this Act, the Secretary shall
report the results of the study to the Committee on Finance
of the Senate and the Committee on Ways and Means of the
House of Representatives, including recommendations (if any)
on ways to shorten any delay.
SEC. 9. PREVENTION OF FRAUD IN ELECTRONIC RETURNS.
(a) In General.--The Secretary of the Treasury shall
provide that any person applying to be an electronic return
originator on or after the date of the enactment of this Act
shall not be approved unless the applicant provides
fingerprints and credit information to the satisfaction of
the Secretary.
(b) Past Applicants.--The Secretary of the Treasury shall
apply the requirements described in subsection (a) to
electronic return originators whose applications were
approved before the date of the enactment of this Act without
fingerprints and credit check information being provided.
____
S. 1209
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENTS TO SOCIAL SECURITY ACT.
(a) Short Title.--This Act may be cited as the
``Responsible Parenthood Act of 1995''.
(b) Amendments to the Social Security Act.--Except as
otherwise specifically provided, whenever in this Act an
amendment is expressed in terms of an amendment to or repeal
of a section or other provision, the reference shall be
considered to be made to that section or other provision of
the Social Security Act.
SEC. 2. INTEGRATION OF FAMILY PLANNING AND MATERNAL AND CHILD
HEALTH SERVICES.
(a) Increase in Funding.--Section 501(a) (42 U.S.C. 701(a))
is amended in the matter preceding paragraph (1) by striking
``$686,000,000'' and inserting ``$886,000,000''.
(b) Reservation of Certain Amounts.--Section 502 (42 U.S.C.
702) is amended by striking ``$600,000,000'' each place it
appears and inserting ``$800,000,000''.
SEC. 3. ABSTINENCE SERVICES.
(a) Provision and Promotion of Abstinence Services.--
Section 501(a)(1) (42 U.S.C. 701(a)(1)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by inserting ``and'' at the end;
and
(3) by adding the following new subparagraph:
``(E) to provide and to promote family-centered, community-
based services and information regarding the delay or
discontinuation of premarital sexual activity, particularly
among adolescents, and to provide adoption-related services
and promote adoption as an acceptable alternative for
pregnant unmarried individuals.''.
(b) Minimum Amount for Abstinence Services.--Section 504
(42 U.S.C. 704) is amended by adding the following new
subsection:
``(e) Of the amounts paid to a State under section 503 from
an allotment for a fiscal year under section 502(c), not less
than 100 percent of such amounts (including the fair market
value of any supplies or equipment) as were used under this
title in the preceding fiscal year to provide family planning
services shall be used to provide services described in
section 501(a)(1)(E).''.
(c) Needs Assessment for Abstinence Services.--Section
505(a)(1) (42 U.S.C. 705(a)(1)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by adding ``and'' at the end; and
(3) by adding at the end the following new subparagraph:
``(D) services and information regarding the delay or
discontinuation of premarital sexual activity, particularly
among adolescents, and regarding adoption.''.
SEC. 4. USE OF FUNDS.
(a) Prohibition of Use for Family Planning Services in
Schools.--Section 504(b) (42 U.S.C. 704(b)) is amended--
(1) in paragraph (5), by striking ``or'' at the end;
(2) in paragraph (6)(B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new paragraphs:
``(7) to provide or promote family planning services in any
elementary or secondary educational institution; or
``(8) to provide or promote any drug or device except for a
use that has been approved by the Food and Drug
Administration.''.
(b) No Funding of Programs or Projects That Provide
Abortion Services.--Section 504 (42 U.S.C. 704), as amended
by section 3(b), is amended by adding at the end the
following new subsections:
``(f)(1) Payments under this title may be made only to
programs or projects that--
``(A) do not provide abortions or abortion counseling or
referral;
``(B) do not subcontract with or make any payment to any
person who provides abortions or abortion counseling or
referral (except that any such program or project may provide
referral for abortion counseling to a pregnant adolescent if
such adolescent and the parents or guardians of such
adolescent request such referral); or
``(C) do not advocate, promote, or encourage abortion.
``(2) The Secretary shall ascertain whether programs or
projects comply with paragraph (1) and take appropriate
action if programs or projects do not comply with such
paragraph, including withholding of funds.
``(g) A State shall ensure, to the maximum extent possible,
family participation in the receipt of services provided
under section 501(a)(1) and shall ensure that an entity that
receives funds under this title shall comply with any State
law that requires--
``(1) involvement of a family member prior to the provision
of services related to family planning or abortion; and
``(2) reporting of civil or criminal offenses involving
child abuse or statutory rape.
``(h) The acceptance by any individual of family planning
services or family planning or population growth information
(including educational materials) provided through financial
assistance under this title shall be voluntary and shall not
be a prerequisite to eligibility for or receipt of any other
service or assistance from, or to participation in, any other
program of the entity or individual that provided such
service or information.''.
SEC. 5. APPLICATION FOR BLOCK GRANT FUNDS.
Section 505(a)(5) (42 U.S.C. 705(a)(5)) is amended--
(1) by redesignating subparagraph (F) as subparagraph (I);
and
(2) by inserting after subparagraph (F) the following
subparagraphs:
``(G) the State will provide a description of how the
applicant will, as appropriate to the provision of family
planning services or services provided under section
501(e)(1)(A)--
``(i) involve families of adolescents in a manner that will
maximize the role of the family in the solution of problems
relating to the parenthood or pregnancy of the adolescent;
and
``(ii) involve religious and charitable organizations,
voluntary associations, and other groups in the private
sector as well as services provided by publicly sponsored
initiatives;
``(H)(i) the State will provide assurances that--
``(I) except as provided in clause (ii), and subject to
subclause (II), the applicant will notify the parents or
guardians of any unemancipated minor requesting services from
the applicant and will obtain the permission of such parents
or guardians with respect to the provision of such services;
and
``(II) in the case of a pregnant unemancipated minor
requesting services from a recipient of funds under this
title, the recipient will notify the parents or guardians of
such minor under subclause (I) within a reasonable period of
time; and
``(ii) the State will provide assurances that the applicant
will not notify or request the permission of the parent or
guardian of any unemancipated minor without the consent of
the minor--
``(I) who solely is requesting from the applicant pregnancy
testing or testing or treatment for venereal disease;
``(II) who is the victim of incest involving a parent; or
``(III) if an adult sibling of the minor or an adult aunt,
uncle, or grandparent who is related to the minor by blood
certifies to the recipient that notification of the parent or
guardian of such minor would result in physical injury to
such minor.''.
SEC. 6. REPORTS AND AUDITS.
(a) Report by State.--Section 506(a)(2) (42 U.S.C.
706(a)(2)) is amended by adding after subparagraph (E) the
following new subparagraph:
``(F) Information (as prescribed by the Secretary) on the
State's activities in connection with the services described
in section 501(a)(1)(E).''.
(b) Report by Secretary.--Section 506(a)(3) (42 U.S.C.
706(a)(3)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) information on the State's activities in connection
with the services described in section 501(a)(1)(E).''.
[[Page S 12725]]
SEC. 7. EVALUATION.
Title V (42 U.S.C. 701 et seq.) is amended by adding at the
end the following new section:
``evaluation
``Sec. 510. (a) Of amounts allotted to a State under
section 502(c) in a fiscal year that the State estimates will
be expended on family planning services and the services
described in section 501(a)(1)(E) for such year the State
shall reserve--
``(1) not less than 2 percent and not more than 4 percent
of such amounts for an annual evaluation of activities
carried out under this title and the effectiveness of such
activities in reducing sexual activity, pregnancies, and
births among unmarried individuals, particularly adolescents;
and
``(2) not less than 2 percent and not more than 4 percent
of such amounts for an annual longitudinal study by an
independent research organization of the activities carried
out under this title and the effectiveness of such activities
in reducing sexual activity, pregnancies, and births among
unmarried individuals, particularly adolescents.
``(b)(1) Each State shall submit the evaluations and
studies conducted under this section to the Secretary.
``(2) The Secretary shall submit a summary of each
evaluation and study submitted under paragraph (1) to the
appropriate committees of the Congress.''.
SEC. 8. DEFINITION OF FAMILY.
Section 501(b) (42 U.S.C. 701(b)) is amended by adding at
the end the following new paragraph:
``(5) The term `family' means a child under the age of 19,
the biological or adoptive parents of the child, the legal
guardian of the child, or a responsible relative or caretaker
with whom the child regularly resides, the siblings of the
child, and other individuals living in the child's home.''.
SEC. 9. REPEAL OF CERTAIN PROGRAMS.
(a) Repeal of Population Research and Voluntary Family
Planning Programs.--Title X of the Public Health Service Act
(42 U.S.C. 300 et seq.) is repealed.
(b) Repeal of Adolescent Family Life Demonstration
Projects.--Title XX of the Public Health Service Act (42
U.S.C. 300z et seq.) is repealed.
SEC. 10. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take
effect on October 1, 1995.
____
S. 1210
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 ``Educational Choice and
Equity Act of 1995''.
SEC. 2. PURPOSE.
The purpose of this Act is to determine the effects on
students and schools of providing financial assistance to
low-income parents to enable such parents to select the
public or private schools their children will attend.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``choice school'' means any public or private
school, including a private sectarian school or a public
charter school, that is involved in a demonstration project
assisted under this Act;
(2) the term ``eligible child'' means a child in grades 1
through 12 who is eligible for free or reduced price lunches
under the National School Lunch Act (42 U.S.C. 1751 et seq.);
(3) the term ``eligible entity'' means a public agency,
institution, or organization, such as a State, a State or
local educational agency, a consortium of public agencies, or
a consortium of public and private nonprofit organizations,
that can demonstrate, to the satisfaction of the Secretary,
its ability to--
(A) receive, disburse, and account for Federal funds; and
(B) carry out the activities described in its application
under this Act;
(4) the term ``evaluating agency'' means any academic
institution, consortium of professionals, or private or
nonprofit organization, with demonstrated experience in
conducting evaluations, that is not an agency or
instrumentality of the Federal Government;
(5) the term ``local educational agency'' has the meaning
given that term in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801);
(6) the term ``parent'' includes a legal guardian or other
individual acting in loco parentis;
(7) the term ``school'' means a school that provides
elementary education or secondary education (through grade
12), as determined under State law; and
(8) the term ``Secretary'' means the Secretary of
Education.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $600,000,000 for
fiscal year 1996 and such sums as may be necessary for each
of the fiscal years 1997, 1998, 1999, and 2000 to carry out
this Act.
SEC. 5. PROGRAM AUTHORIZED.
(a) Reservation.--From the amount appropriated pursuant to
the authority of section 4 in any fiscal year, the Secretary
shall reserve and make available to the Comptroller General
of the United States 2 percent for evaluation of the
demonstration projects assisted under this Act in accordance
with section 11.
(b) Grants.--
(1) In general.--From the amount appropriated pursuant to
the authority of section 4 and not reserved under subsection
(a) for any fiscal year, the Secretary shall award grants to
eligible entities to enable such entities to carry out at
least 100 demonstration projects under which low-income
parents receive education certificates for the costs of
enrolling their eligible children in a choice school.
(2) Amount.--The Secretary shall award grants under
paragraph (1) for fiscal year 1996 in amounts of $5,000,000
or less.
(3) Continuing eligibility.--The Secretary shall continue a
demonstration project under this Act by awarding a grant
under paragraph (1) to an eligible entity that received such
a grant for a fiscal year preceding the fiscal year for which
the determination is made, if the Secretary determines that
such eligible entity was in compliance with this Act for such
preceding fiscal year.
(c) Use of Grants.--Grants awarded under subsection (b)
shall be used to pay the costs of--
(1) providing education certificates to low-income parents
to enable such parents to pay the tuition, the fees, the
allowable costs of transportation, if any, and the costs of
complying with section 9(a)(1), if any, for their eligible
children to attend a choice school; and
(2) administration of the demonstration project, which
shall not exceed 15 percent of the amount received under the
grant for the first fiscal year for which the eligible entity
provides education certificates under this Act or 10 percent
of such amount for any subsequent year, including--
(A) seeking the involvement of choice schools in the
demonstration project;
(B) providing information about the demonstration project,
and the schools involved in the demonstration project, to
parents of eligible children;
(C) making determinations of eligibility for participation
in the demonstration project for eligible children;
(D) selecting students to participate in the demonstration
project;
(E) determining the amount of, and issuing, education
certificates;
(F) compiling and maintaining such financial and
programmatic records as the Secretary may prescribe; and
(G) collecting such information about the effects of the
demonstration project as the evaluating agency may need to
conduct the evaluation described in section 11.
(d) Special Rule.--Each school participating in a
demonstration project under this Act shall comply with title
VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.)
which prohibits discrimination on the basis of race, color,
or national origin.
SEC. 6. AUTHORIZED PROJECTS; PRIORITY.
(a) Authorized Projects.--The Secretary may award a grant
under this Act only for a demonstration project that--
(1) involves at least one local educational agency that--
(A) receives funds under section 1124A of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6334); and
(B) is among the 20 percent of local educational agencies
receiving funds under section 1124A of such Act (20 U.S.C.
6334) in the State that have the highest number of children
described in section 1124(c) of such Act (20 U.S.C. 6333(c));
and
(2) includes the involvement of a sufficient number of
public and private choice schools, in the judgment of the
Secretary, to allow for a valid demonstration project.
(b) Priority.--In awarding grants under this Act, the
Secretary shall give priority to demonstration projects--
(1) in which choice schools offer an enrollment opportunity
to the broadest range of eligible children;
(2) that involve diverse types of choice schools; and
(3) that will contribute to the geographic diversity of
demonstration projects assisted under this Act, including
awarding grants for demonstration projects in States that are
primarily rural and awarding grants for demonstration
projects in States that are primarily urban.
SEC. 7. APPLICATIONS.
(a) In General.--Any eligible entity that wishes to receive
a grant under this Act shall submit an application to the
Secretary at such time and in such manner as the Secretary
may prescribe.
(b) Contents.--Each application described in subsection (a)
shall contain--
(1) information demonstrating the eligibility of the
eligible entity for participation in the demonstration
project;
(2) with respect to choice schools--
(A) a description of the standards used by the eligible
entity to determine which public and private schools are
within a reasonable commuting distance of eligible children
and present a reasonable commuting cost for such eligible
children;
(B) a description of the types of potential choice schools
that will be involved in the demonstration project;
(C)(i) a description of the procedures used to encourage
public and private schools to be involved in the
demonstration project; and
(ii) a description of how the eligible entity will annually
determine the number of spaces available for eligible
children in each choice school;
(D) an assurance that each choice school will not impose
higher standards for admission or participation in its
programs and activities for eligible children provided
education certificates under this Act than the choice school
does for other children;
[[Page S 12726]]
(E) an assurance that each choice school operated, for at
least 1 year prior to accepting education certificates under
this Act, an educational program similar to the educational
program for which such choice school will accept such
education certificates;
(F) an assurance that the eligible entity will terminate
the involvement of any choice school that fails to comply
with the conditions of its involvement in the demonstration
project; and
(G) a description of the extent to which choice schools
will accept education certificates under this Act as full or
partial payment for tuition and fees;
(3) with respect to the participation in the demonstration
project of eligible children--
(A) a description of the procedures to be used to make a
determination of the eligibility of an eligible child for
participation in the demonstration project, which shall
include--
(i) the procedures used to determine eligibility for free
or reduced price lunches under the National School Lunch Act
(42 U.S.C. 1751 et seq.); or
(ii) any other procedure, subject to the Secretary's
approval, that accurately establishes the eligibility of an
eligible child for such participation;
(B) a description of the procedures to be used to ensure
that, in selecting eligible children to participate in the
demonstration project, the eligible entity will--
(i) apply the same criteria to both public and private
school eligible children; and
(ii) give priority to eligible children from the lowest
income families;
(C) a description of the procedures to be used to ensure
maximum choice of schools for participating eligible
children, including procedures to be used when--
(i) the number of parents provided education certificates
under this Act who desire to enroll their eligible children
in a particular choice school exceeds the number of eligible
children that the choice school will accept; and
(ii) grant funds and funds from local sources are
insufficient to support the total cost of choices made by
parents with education certificates under this Act; and
(D) a description of the procedures to be used to ensure
compliance with section 9(a)(1), which may include--
(i) the direct provision of services by a local educational
agency; and
(ii) arrangements made by a local educational agency with
other service providers;
(4) with respect to the operation of the demonstration
project--
(A) a description of the geographic area to be served;
(B) a timetable for carrying out the demonstration project;
(C) a description of the procedures to be used for the
issuance and redemption of education certificates under this
Act;
(D) a description of the procedures by which a choice
school will make a pro rata refund of the education
certificate under this Act for any participating eligible
child who withdraws from the school for any reason, before
completing 75 percent of the school attendance period for
which the education certificate was issued;
(E) a description of the procedures to be used to provide
the parental notification described in section 10;
(F) an assurance that the eligible entity will place all
funds received under this Act into a separate account, and
that no other funds will be placed in such account;
(G) an assurance that the eligible entity will provide the
Secretary periodic reports on the status of such funds;
(H) an assurance that the eligible entity will cooperate
with the Comptroller General of the United States and the
evaluating agency in carrying out the evaluations described
in section 11; and
(I) an assurance that the eligible entity will--
(i) maintain such records as the Secretary may require; and
(ii) comply with reasonable requests from the Secretary for
information; and
(5) such other assurances and information as the Secretary
may require.
SEC. 8. EDUCATION CERTIFICATES.
(a) Education Certificates.--
(1) Amount.--The amount of an eligible child's education
certificate under this Act shall be determined by the
eligible entity, but shall be an amount that provides to the
recipient of the education certificate the maximum degree of
choice in selecting the choice school the eligible child will
attend.
(2) Considerations.--
(A) In general.--Subject to such regulations as the
Secretary shall prescribe, in determining the amount of an
education certificate under this Act an eligible entity shall
consider--
(i) the additional reasonable costs of transportation
directly attributable to the eligible child's participation
in the demonstration project; and
(ii) the cost of complying with section 9(a)(1).
(B) Schools charging tuition.--If an eligible child
participating in a demonstration project under this Act was
attending a public or private school that charged tuition for
the year preceding the first year of such participation, then
in determining the amount of an education certificate for
such eligible child under this Act the eligible entity shall
consider--
(i) the tuition charged by such school for such eligible
child in such preceding year; and
(ii) the amount of the education certificates under this
Act that are provided to other eligible children.
(3) Special rule.--An eligible entity may provide an
education certificate under this Act to the parent of an
eligible child who chooses to attend a school that does not
charge tuition or fees, to pay the additional reasonable
costs of transportation directly attributable to the eligible
child's participation in the demonstration project or the
cost of complying with section 9(a)(1).
(b) Adjustment.--The amount of the education certificate
for a fiscal year may be adjusted in the second and third
years of an eligible child's participation in a demonstration
project under this Act to reflect any increase or decrease in
the tuition, fees, or transportation costs directly
attributable to that eligible child's continued attendance at
a choice school, but shall not be increased for this purpose
by more than 10 percent of the amount of the education
certificate for the fiscal year preceding the fiscal year for
which the determination is made. The amount of the education
certificate may also be adjusted in any fiscal year to comply
with section 9(a)(1).
(c) Maximum Amount.--Notwithstanding any other provision of
this section, the amount of an eligible child's education
certificate shall not exceed the per pupil expenditure for
elementary or secondary education, as appropriate, by the
local educational agency in which the public school to which
the eligible child would normally be assigned is located for
the fiscal year preceding the fiscal year for which the
determination is made.
(d) Income.--An education certificate under this Act, and
funds provided under the education certificate, shall not be
treated as income of the parents for purposes of Federal tax
laws or for determining eligibility for any other Federal
program.
SEC. 9. EFFECT ON OTHER PROGRAMS; USE OF SCHOOL LUNCH DATA;
CONSTRUCTION PROVISIONS.
(a) Effect on Other Programs.--
(1) In general.--An eligible child participating in a
demonstration project under this Act, who, in the absence of
such a demonstration project, would have received services
under part A of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.) shall be
provided such services.
(2) Part b of the individuals with disabilities education
act.--Nothing in this Act shall be construed to affect the
requirements of part B of the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et seq.).
(3) Counting of eligible children.--Notwithstanding any
other provision of law, any local educational agency
participating in a demonstration project under this Act may
count eligible children who, in the absence of such a
demonstration project, would attend the schools of such
agency, for purposes of receiving funds under any program
administered by the Secretary.
(b) Use of School Lunch Data.--Notwithstanding section 9 of
the National School Lunch Act (42 U.S.C. 1751 et seq.), an
eligible entity receiving a grant under this Act may use
information collected for the purpose of determining
eligibility for free or reduced price lunches to determine an
eligible child's eligibility to participate in a
demonstration project under this Act and, if needed, to rank
families by income, in accordance with section
7(b)(3)(B)(ii). All such information shall otherwise remain
confidential, and information pertaining to income may be
disclosed only to persons who need that information for the
purposes of a demonstration project under this Act.
(c) Construction Provisions.--
(1) Other institutions.--Nothing in this Act shall be
construed to supersede or modify any provision of a State
constitution or State law that prohibits the expenditure of
public funds in or by religious or other private
institutions, except that no provision of a State
constitution or State law shall be construed or applied to
prohibit--
(A) any eligible entity receiving funds under this Act from
using such funds to pay the administrative costs of a
demonstration project under this Act; or
(B) the expenditure in or by religious or other private
institutions of any Federal funds provided under this Act.
(2) Desegregation plans.--Nothing in this Act shall be
construed to interfere with any desegregation plans that
involve school attendance areas affected by this Act.
(3) Prohibition of federal director, supervision or
control.--Nothing in this Act shall be construed to authorize
the Secretary or any employee, officer, or agency of the
Department of Education to exercise any direction,
supervision, or control over the curriculum, program of
instruction, or personnel decisions of any educational
institution or school participating in a demonstration
project assisted under this Act.
SEC. 10. PARENTAL NOTIFICATION.
Each eligible entity receiving a grant under this Act shall
provide timely notice of the demonstration project to parents
of eligible children residing in the area to be served by the
demonstration project. At a minimum, such notice shall--
(1) describe the demonstration project;
(2) describe the eligibility requirements for participation
in the demonstration project;
[[Page S 12727]]
(3) describe the information needed to make a determination
of eligibility for participation in the demonstration project
for an eligible child;
(4) describe the selection procedures to be used if the
number of eligible children seeking to participate in the
demonstration project exceeds the number that can be
accommodated in the demonstration project;
(5) provide information about each choice school
participating in the demonstration project, including
information about any admission requirements or criteria for
each choice school participating in the demonstration
project; and
(6) include the schedule for parents to apply for their
eligible children to participate in the demonstration
project.
SEC. 11. EVALUATION.
(a) Annual Evaluation.--
(1) Contract.--The Comptroller General of the United States
shall enter into a contract, with an evaluating agency that
has demonstrated experience in conducting evaluations, for
the conduct of an ongoing rigorous evaluation of the
demonstration projects under this Act.
(2) Annual evaluation requirement.--The contract described
in paragraph (1) shall require the evaluating agency entering
into such contract to annually evaluate each demonstration
project under this Act in accordance with the evaluation
criteria described in subsection (b).
(3) Transmission.--The contract described in paragraph (1)
shall require the evaluating agency entering into such
contract to transmit to the Comptroller General of the United
States--
(A) the findings of each annual evaluation under paragraph
(1); and
(B) a copy of each report received pursuant to section
12(a) for the applicable year.
(b) Evaluation Criteria.--The Comptroller General of the
United States, in consultation with the Secretary, shall
establish minimum criteria for evaluating the demonstration
projects under this Act. Such criteria shall provide for--
(1) a description of the implementation of each
demonstration project under this Act and the demonstration
project's effects on all participants, schools, and
communities in the demonstration project area, with
particular attention given to the effect of parent
participation in the life of the school and the level of
parental satisfaction with the demonstration project; and
(2) a comparison of the educational achievement of all
students in the demonstration project area, including a
comparison of--
(A) students receiving education certificates under this
Act; and
(B) students not receiving education certificates under
this Act.
SEC. 12. REPORTS.
(a) Report by Grant Recipient.--Each eligible entity
receiving a grant under this Act shall submit to the
evaluating agency entering into the contract under section
11(a)(1) an annual report regarding the demonstration project
under this Act. Each such report shall be submitted at such
time, in such manner, and accompanied by such information, as
such evaluating agency may require.
(b) Reports by Comptroller General.--
(1) Annual reports.--The Comptroller General of the United
States shall report annually to the Congress on the findings
of the annual evaluation under section 11(a)(2) of each
demonstration project under this Act. Each such report shall
contain a copy of--
(A) the annual evaluation under section 11(a)(2) of each
demonstration project under this Act; and
(B) each report received under subsection (a) for the
applicable year.
(2) Final report.--The Comptroller General shall submit a
final report to the Congress within 9 months after the
conclusion of the demonstration projects under this Act that
summarizes the findings of the annual evaluations conducted
pursuant to section 11(a)(2).
____
S. 1211
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 ``Restitution Responsibility
Act''.
SEC. 2. GRANT PROGRAM.
(a) In General.--The Attorney General is authorized to
provide grants to States to enable the States to--
(1) collect data on victim restitution over a specified
period of time as determined by the Attorney General;
(2) create or expand automated data systems to track
restitution payments;
(3) make improvements in the manner in which restitution is
ordered and collected; and
(4) enhance and expand methods of enforcement of
restitution orders.
(b) Eligibility.--To be eligible to receive a grant under
this Act, a State shall--
(1) submit an application to the Attorney General, in such
form as the Attorney General shall require, that meets the
requirements of subsection (c); and
(2) certify that the State has a victim advocacy program
that--
(A) provides assistance to victims of crime throughout the
judicial process; and
(B) provides courts with a victim impact statement prior to
sentencing.
(c) Application.--An application meets the requirements of
this subsection if it includes--
(1) a description of the State's victim advocacy program;
(2) a description of the method by which the State compiles
or will compile data on restitution, including information
on--
(A) restitution amounts ordered and collected;
(B) collection rates for incarcerated offenders and
offenders who are on probation;
(C) collection rates for offenders committing felonies and
for those committing misdemeanors; and
(D) rates of partial and full payment rates of collection;
(3) documentation of a State's current problems in
ordering, collecting, and enforcing restitution;
(4) a description of State laws and practices related to
restitution;
(5) a description of administrative and legislative options
to improve ordering, collecting, and enforcing restitution;
(6) a description of the State's proposal to create or
expand an automated data processing system to track
restitution payments;
(7) a description of the State's plan to improve the
ordering of restitution, including--
(A) provisions to ensure that courts order restitution
whenever a victim suffers economic loss as a result of
unlawful conduct by a defendant;
(B) provisions to ensure that restitution is ordered in the
full amount of the victim's loss, as determined by the court;
(C) the prioritization of restitution in the ordering and
disbursing of fees; and
(D) such other provisions consistent with the purposes of
this Act;
(8) a description of how the State will improve collection
of restitution payments, including--
(A) the establishment of a central accounting, billing, and
collection system that tracks the offender's obligations and
status in meeting those obligations;
(B) a process by which information about an offender's
restitution payments is made available to probation
officials;
(C) adopting methods to ensure payments such as automatic
docketing, billing, wage withholding, privatization of
collection, withholding State grant privileges, or seizure of
state income tax refunds; and
(D) other provisions consistent with the purposes of this
Act;
(9) a description of how the State will enforce restitution
payments, including--
(A) assigning an agency responsible for the enforcement of
a restitution order;
(B) adopting policies to increase the intensity of
sanctions if an offender defaults on payments, including--
(i) revoking a term of probation or parole;
(ii) modifying the terms or conditions of probation or
parole;
(iii) holding a defendant in contempt of court;
(iv) entering a restraining order or injunction; or
(v) ordering the sale of property of the defendant;
(C) adopting procedures to ensure restitution orders are
entered as civil judgments upon entry to allow a victim to
execute judgment if restitution payments are delinquent;
(D) such other provisions consistent with the purposes of
this Act; and
(10) the establishment of a community restitution fund
administered by a State agency into which restitution
payments are made by an offender (in addition to victim
restitution payments) and can be used to pay indigent
offenders for performing public service work.
(d) Waiver.--The Attorney General may waive the
requirements under subsection (c) for a State that
demonstrates sufficient cause for lack of compliance.
(e) Grant Period.--A grant under this Act shall be awarded
for a period of not more than 5 years.
SEC. 3. REPORT.
Each State receiving a grant under this Act shall submit an
annual report to the Attorney General that includes an
evaluation of the progress of the projects funded through the
grant, an accounting of expenditures, and such other
provisions as may be required by the Attorney General. The
Attorney General shall issue an annual report to Congress
that includes the information submitted by States under this
section.
SEC. 4. EVALUATION.
(a) Final Evaluation.--Within a month after the award of
the first grant made under this Act, the Attorney General
shall contract with an independent organization to do a final
evaluation of the projects funded by this Act at the end of 5
years.
(b) Interim Evaluation.--The Attorney General shall conduct
an interim evaluation of the projects funded by this Act 3
years after the first grant made under this Act.
(c) Content of Reports.--The reports required by
subsections (a) and (b) shall include the following
information:
(1) An evaluation of data collection efforts.
(2) An assessment of whether ordering of restitution
increased and whether prioritizing restitution in fees
collected improved restitution payments.
(3) An analysis of whether the project was successful in
improving significantly restitution collection rates.
(4) An evaluation of most effective methods in improving
restitution collection and in enforcing restitution payments.
(5) An analysis of how effective automated data systems
were in increasing restitution collection.
(6) An analysis of States' use of the community restitution
fund and its effectiveness
[[Page S 12728]]
in ensuring indigent offenders pay restitution.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $10,000,000 in each
of fiscal years 1997, 1998, 1999, 2000, and 2001 to carry out
this Act.
____
S. 1212
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 ``Assets for Independence
Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) traditional welfare programs in the United States have
provided millions of low-income persons with critically
needed food, health, and cash benefits, and such programs
should be improved and continued;
(2) while such programs have sustained millions of low-
income persons, too rarely have such programs been successful
in promoting and supporting the transition to economic self-
sufficiency;
(3) millions of Americans continue to live in poverty and
continue to receive public assistance;
(4) in addition to the social costs of poverty, the
economic costs to the Federal Government to provide basic
necessities to the poor exceeds $120,000,000,000 each year;
(5) poverty is a loss of human resources and an assault on
human dignity;
(6) poverty rates remain high and welfare dependency
continues, in part, because welfare theory has taken for
granted that a certain level of income or consumption is
necessary for one's economic well-being when, in fact, very
few people manage to spend or consume their way out of
poverty;
(7) economic well-being does not come solely from income,
spending, and consumption, but also requires savings,
investment, and accumulation of assets, since assets can
improve economic stability, connect people with a viable and
hopeful future, stimulate development of human and other
capital, enable people to focus and specialize, yield
personal, social, and political dividends, and enhance the
welfare of offspring;
(8) income-based welfare policy should be complemented with
asset-based welfare policy, because while income-based
policies ensure that present consumption needs (including
food, child care, rent, clothing, and health care) are met,
asset-based policies provide the means to achieve economic
self-sufficiency and, accordingly, to leave public
assistance;
(9) there is reason to believe that the financial returns,
including increased income, tax revenue, and decreased
welfare cash assistance, of individual development accounts
will far exceed the cost of the investment;
(10) the Federal Government spends more than
$160,000,000,000 each year to provide middle- and upper-
income persons with incentives to accumulate savings and
assets (including tax subsidies for home equity accumulation
and retirement pension accounts), but such benefits are
beyond the reach of most low-income persons;
(11) under current welfare policies, poor families must
deplete most of their assets before qualifying for public
assistance;
(12) the Federal Government should develop policies that
promote higher rates of personal savings and net private
domestic investment, both of which fall behind the levels
attained in other highly developed industrial nations; and
(13) the Federal Government should undertake an asset-based
welfare policy demonstration project to determine the social,
civic, psychological, and economic effects of asset
accumulation opportunities for low-income persons, families,
and communities, and to determine if such a policy could
provide a new foundation for antipoverty policies and
programs in the United States.
SEC. 3. INDIVIDUAL DEVELOPMENT ACCOUNT DEMONSTRATION
PROJECTS.
(a) Purpose.--The purpose of this section is to provide for
the establishment of demonstration projects designed to
determine--
(1) the social, civic, psychological, and economic effects
of providing to individuals and families with limited means
an incentive to accumulate assets;
(2) the extent to which an asset-based welfare policy that
promotes saving for education, homeownership, and
microenterprise may be used to enable individuals and
families with low income to achieve economic self-
sufficiency; and
(3) the extent to which an asset-based welfare policy
improves the community in which participating individuals and
families live.
(b) Applications.--
(1) Submission.--
(A) In general.--Not later than 12 months after the date of
the enactment of this Act, a qualified entity may submit to
the Secretary an application to conduct a demonstration
project under this section.
(B) Qualified entity.--For purposes of this Act, the term
``qualified entity'' means either--
(i) a not-for-profit organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code; or
(ii) a State or local government agency submitting an
application under such subparagraph jointly with an
organization described in clause (i).
(2) Criteria.--In considering whether to approve any
application to conduct a demonstration project under this
section, the Secretary shall assess the following:
(A) Sufficiency of project.--The degree to which the
project described in the application appears likely to aid
project participants in achieving economic self-sufficiency
through activities requiring qualified expenses (as defined
in section 529(c)(1) of the Internal Revenue Code of 1986, as
added by section 4 of this Act). In making such assessment,
the Secretary shall consider the overall quality of project
activities in making any particular kind or combination of
qualified expenses (as so defined) to be an essential feature
of any project.
(B) Administrative ability.--The ability of the applicant
to responsibly administer the project.
(C) Ability to assist participants.--The ability of the
applicant to assist project participants to achieve economic
self-sufficiency through the development of assets.
(D) Commitment of non-federal funds.--The aggregate amount
of direct funds from non-Federal public sector and private
sources that are formally committed to the project.
(E) Adequacy of plan for providing information for
evaluation.--The adequacy of the plan for providing
information relevant to an evaluation of the project.
(F) Other factors.--Such other factors as the Secretary may
specify.
(3) Preferences.--In considering an application to conduct
a demonstration project under this section, the Secretary
shall give preference to any application that--
(A) demonstrates the willingness and ability to select
individuals described in subsection (e) who are predominantly
from households in which a child (or children) is living with
the child's biological or adoptive mother or father, legal
guardian, or a responsible adult relative with whom the child
regularly resides;
(B) provides a commitment of non-Federal funds with a
proportionately greater amount of funds committed by private
sector sources; and
(C) targets such individuals residing within 1 or more
relatively well-defined communities or neighborhoods that
experience low rates of income or employment.
(4) Approval.--Not later than 15 months after the date of
the enactment of this Act, the Secretary shall, on a
competitive basis, approve such applications to conduct
demonstration projects under this section as the Secretary
deems appropriate, taking into account the assessments
required by paragraphs (2) and (3). The Secretary is
encouraged to ensure that the applications that are approved
involve a wide range of communities (both rural and urban)
and diverse populations.
(c) Demonstration Authority; Annual Grants.--
(1) Demonstration authority.--If the Secretary approves an
application to conduct a demonstration project under this
section, the Secretary shall, not later than 16 months after
the date of the enactment of this Act, authorize the
applicant to conduct the project for 4 project years in
accordance with the approved application and this section.
(2) Grant authority.--For each project year of a
demonstration project conducted under this section, the
Secretary shall make a grant to the qualified entity
authorized to conduct the project on the first day of the
project year in an amount not to exceed the greater of--
(A) the aggregate amount of funds committed by non-Federal
sources; or
(B) $1,000,000.
(3) Limitation on grant amounts per project.--The amount of
each grant for a project approved under this section shall
not exceed $10,000,000.
(d) Reserve Fund.--
(1) Establishment.--Each qualified entity grantee under
this section shall establish a Reserve Fund which shall be
maintained in accordance with this subsection.
(2) Amounts in reserve fund.--
(A) In general.--As soon after receipt as is practicable, a
qualified entity grantee shall deposit in the Reserve Fund
established under paragraph (1)--
(i) all funds provided to the qualified entity grantee by
any public or private source in connection with the
demonstration project; and
(ii) the proceeds from any investment made under paragraph
(3)(B).
(B) Individual development account penalties.--
(i) Penalty amounts authorized to be appropriated for
payment to the reserve fund.--With respect to the Reserve
Fund established by a qualified entity grantee that provides
financial assistance under subsection (g) to any individual
who pays, or from whose individual development account is
paid, a penalty amount, there is hereby appropriated to the
Reserve Fund, without fiscal year limitation, an amount equal
to such penalty amount.
(ii) Payment to reserve fund of penalty amounts
appropriated therefore.--The Secretary shall make quarterly
estimated payments to the Reserve Fund of any penalty amount
appropriated pursuant to clause (i).
(C) Uniform accounting regulations.--The Secretary shall
prescribe regulations with respect to accounting for amounts
in Reserve Funds.
(3) Use of reserve fund.--
[[Page S 12729]]
(A) In general.--A qualified entity grantee shall use the
amounts in the Reserve Fund established under paragraph (1)
to--
(i) assist participants in the demonstration project in
obtaining the skills and information necessary to achieve
economic self-sufficiency through activities requiring
qualified expenses (as so defined);
(ii) provide financial assistance in accordance with
subsection (g) to individuals selected by the qualified
entity grantee to participate in the project;
(iii) administer the project; and
(iv) provide the research organization evaluating the
project under subsection (k) with such information with
respect to the project as may be required for the evaluation.
(B) Authority to invest funds.--
(i) Guidelines.--The Secretary shall establish guidelines
for investing amounts in Reserve Funds in a manner that
provides high liquidity and low risk.
(ii) Investment.--A qualified entity grantee shall invest
the amounts in its Reserve Fund that are not immediately
needed to carry out the provisions of subparagraph (A), in
accordance with guidelines established under clause (i).
(C) Limitation on uses.--Not more than 7.5 percent of the
amounts provided to a qualified entity grantee under
subsection (c)(2) shall be used by the qualified entity
grantee for the purposes described in clauses (i), (iii), and
(iv) of paragraph (3)(A), except that if 2 or more qualified
entities are jointly administering a project, no qualified
entity grantee shall use more than its proportional share for
such purposes.
(4) Unused federal grant funds transferred to the secretary
when project terminates.--Notwithstanding paragraph (3), upon
the termination of any demonstration project authorized under
this section, the qualified entity grantee conducting the
project shall transfer to the Secretary an amount equal to--
(A) the amounts in its Reserve Fund at time of the
termination; multiplied by
(B) a percentage equal to--
(i) the aggregate amount of grants made to the qualified
entity grantee under subsection (c)(2); divided by
(ii) the aggregate amount of all moneys provided to the
qualified entity grantee by all sources to conduct the
project.
(e) Eligibility for Assistance.--
(1) In general.--Any individual who is a member of a
household that meets the following requirements shall be
eligible for assistance under a demonstration project
conducted under this section:
(A) Income test.--The adjusted gross income of the
household did not exceed the income limits established under
section 32(b)(2) of the Internal Revenue Code of 1986.
(B) Net worth test.--
(i) In general.--The net worth of the household, as of the
close of the calendar year preceding the determination of
eligibility, does not exceed $20,000.
(ii) Determination of net worth.--For purposes of clause
(i), the net worth of a household is the amount equal to--
(I) the aggregate market value of all assets that are owned
in whole or in part by any member of the household, minus
(II) the obligations or debts of any member of the
household.
(2) Individuals unable to complete the project.--The
Secretary shall establish such regulations as are necessary,
including prohibiting eligibility for further assistance
under a demonstration project conducted under this section,
to ensure compliance with this section if an individual
participating in the demonstration project moves from the
community in which the project is conducted or is otherwise
unable to continue participating in the project.
(f) Selection of Individuals To Receive Assistance.--From
among the individuals eligible for assistance under a
demonstration project conducted under this section, each
qualified entity grantee shall select the individuals--
(1) whom the qualified entity grantee deems to be best
suited to receive such assistance; and
(2) to whom the qualified entity grantee will provide
financial assistance in accordance with subsection (g).
(g) Provision of Financial Assistance.--
(1) In general.--Not less than once a month during each
project year, each qualified entity grantee under this
section shall deposit in the individual development account
of each individual participating in the project an amount--
(A) from the grant made under subsection (c)(2), equal to
the amount of earned income (as defined in section 911(d)(2)
of the Internal Revenue Code of 1986) deposited during the
month by the individual in the individual's development
account, and
(B) from the non-Federal funds described in subsection
(b)(2)(D), equal to the amount described in subparagraph (A).
(2) Limitation on financial assistance to individual.--Not
more than $2,000 from a grant made under subsection (c)(2)
shall be provided to any 1 individual.
(3) Limitation on financial assistance to household.--Not
more than $4,000 from a grant made under subsection (c)(2)
shall be provided to any 1 household.
(4) Withdrawal of funds.--The Secretary shall establish
such regulations as may be necessary to ensure that funds
held in an individual development account are not withdrawn
except for 1 or more of the qualified expenses specified in
section 529(c)(1) of the Internal Revenue Code of 1986 (as
added by section 4 of this Act). Such regulations shall
include a requirement that a responsible official of the
qualified entity grantee conducting a project approve such
withdrawal in writing.
(h) Local Control Over Demonstration Projects.--Each
qualified entity grantee under this section shall, subject to
the provisions of subsection (j), have sole authority over
the administration of the project. The Secretary may
prescribe only such regulations with respect to demonstration
projects under this section as are necessary to ensure
compliance with the approved applications and this section.
(i) Semiannual Progress Reports.--
(1) In general.--Each qualified entity grantee under this
section shall prepare semiannual reports on the progress of
the project. Each report shall specify for the semiannual
period covered by the report the following information:
(A) The number of individuals making a deposit into an
individual development account.
(B) Information on the amounts in the Reserve Fund
established with respect to the project.
(C) The amounts deposited in the individual development
accounts.
(D) The amounts withdrawn from the individual development
accounts and the purposes for which such amounts were
withdrawn.
(E) The balances remaining in the individual development
accounts.
(F) Such other information as the Secretary may require to
evaluate the project.
(2) Submission of reports.--The qualified entity grantee
shall submit each report required to be prepared under
paragraph (1) to--
(A) the Secretary; and
(B) the Treasurer (or equivalent official) of the State in
which the project is conducted, if the State or local
government committed funds to the demonstration project.
(3) Timing.--The first report required by paragraph (1)
shall be submitted at the end of the 7-month period beginning
on the date the Secretary authorized the qualified entity
grantee to conduct the demonstration project, and subsequent
reports shall be submitted every 6 months thereafter, until
the conclusion of the project.
(j) Sanctions.--
(1) Authority to terminate demonstration project.--If the
Secretary determines that a qualified entity grantee under
this section is not operating the project in accordance with
the grantee's application or this section (and has not
implemented any corrective recommendations directed by the
Secretary), the Secretary shall terminate such grantee's
authority to conduct the project.
(2) Actions required upon termination.--If the Secretary
terminates the authority to conduct a demonstration project,
the Secretary--
(A) shall suspend the project;
(B) shall take control of the Reserve Fund established
pursuant to subsection (d);
(C) shall make every effort to identify another qualified
entity willing and able to conduct the project in accordance
with the approved application (or, as modified, if necessary
to incorporate the recommendations) and this section;
(D) shall, if the Secretary identifies such an entity--
(i) authorize the entity to conduct the project in
accordance with the approved application (or, as modified, if
necessary, to incorporate the recommendations) and this
section;
(ii) transfer to the entity control over the Reserve Fund
established pursuant to subsection (d); and
(iii) consider, for purposes of this section--
(I) such other entity to be the qualified entity originally
authorized to conduct the project; and
(II) the date of such authorization to be the date of the
original authorization; and
(E) if, by the end of the 1-year period beginning on the
date of the termination, the Secretary has not found such a
qualified entity, shall--
(i) terminate the project; and
(ii) from the amount remaining in the Reserve Fund
established as part of the project, remit to each source that
provided funds under subsection (b)(2)(D) to the entity
originally authorized to conduct the project, an amount that
bears the same ratio to the amount so remaining as the amount
provided by the source under subsection (b)(2)(D) bears to
the amount provided by all such sources under subsection
(b)(2)(D).
(k) Evaluations.--
(1) In general.--Not later than 16 months after the date of
the enactment of this Act, the Secretary shall enter into a
contract with an independent research organization to
evaluate, individually and as a group, all qualified entities
and sources participating in the demonstration projects
conducted under this section.
(2) Factors to evaluate.--In evaluating any demonstration
project conducted under this section, the research
organization shall address the following factors:
(A) The savings account characteristics (such as threshold
amounts and match rates) required to stimulate participation
in the demonstration project, and how such characteristics
vary among different populations or communities.
[[Page S 12730]]
(B) What service configurations of the qualified entity
grantee (such as peer support, structured planning exercises,
mentoring, and case management) increase the rate and
consistency of participation in the demonstration project and
how such configurations vary among different populations or
communities.
(C) The economic, civic, psychological, and social effects
of asset accumulation, and how such effects vary among
different populations or communities.
(D) The effects of individual development accounts on
savings rates, homeownership, level of education attained,
and self-employment, and how such effects vary among
different populations or communities.
(E) The potential financial returns to the Federal
Government and to other public sector and private sector
investors in individual development accounts over a 5-year
and 10-year period of time.
(F) The lessons to be learned from the demonstration
projects conducted under this section and if a permanent
program of individual development accounts should be
established.
(G) Such other factors as may be prescribed by the
Secretary.
(3) Methodological requirements.--In evaluating any
demonstration project conducted under this section, the
research organization shall--
(A) to the extent possible, use control groups to compare
participants with nonparticipants;
(B) before, during, and after the project, obtain such
quantitative data as are necessary to evaluate the project
thoroughly; and
(C) develop a qualitative assessment, derived from sources
such as in-depth interviews, of how asset accumulation
affects individuals and families.
(4) Reports by the secretary.--
(A) Interim reports.--Not less than once during the 12-
month period beginning on the date of the enactment of this
Act, and during each 12-month period thereafter until all
demonstration projects conducted under this section are
completed, the Secretary shall submit to the Congress an
interim report setting forth the results of the evaluations
conducted pursuant to this subsection.
(B) Final reports.--Not later than 12 months after the
conclusion of all demonstration projects conducted under this
section, the Secretary shall submit to the Congress a final
report setting forth the results and findings of evaluations
conducted pursuant to this subsection.
(5) Evaluation expenses.--The Secretary shall expend such
sums as may be necessary to carry out the purposes of this
subsection.
(l) Definitions.--As used in this section:
(1) Applicable period.--The term ``applicable period''
means, with respect to amounts to be paid from a grant made
for a project year, the calendar year immediately preceding
the calendar year in which the grant is made.
(2) Household.--The term ``household'' means all
individuals who share use of a dwelling unit as primary
quarters for living and eating separate from other
individuals.
(3) Individual development account.--The term ``individual
development account'' has the same meaning given such term in
section 529 of the Internal Revenue Code of 1986, as added by
section 4 of this Act.
(4) Penalty amount.--The term ``penalty amount'' means any
of the following:
(A) Financial assistance forfeited.--Any amount paid into
the general fund of the Treasury of the United States under
section 529(e) of the Internal Revenue Code of 1986 (as so
added).
(B) 10 percent addition to tax.--Any additional tax imposed
by section 529(f) of the Internal Revenue Code of 1986 (as so
added).
(C) Other excise or penalty taxes.--Any tax imposed with
respect to an individual development account by section 4973,
4975, or 6693 of the Internal Revenue Code of 1986.
(5) Project year.--The term ``project year'' means, with
respect to a demonstration project, any of the 4 consecutive
12-month periods beginning on the date the project is
originally authorized to be conducted.
(6) Qualified savings of the individual for the period.--
The term ``qualified savings of the individual for the
period'' means the aggregate of the amounts contributed by
the individual to the individual development account of the
individual during the period.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(m) Authorization of Appropriations.--To carry out this
section, the following amounts are authorized to be
appropriated:
(1) $20,000,000 for fiscal year 1996.
(2) $30,000,000 for fiscal year 1997.
(3) $30,000,000 for fiscal year 1998.
(4) $20,000,000 for fiscal year 1999.
SEC. 4. INDIVIDUAL DEVELOPMENT ACCOUNTS.
(a) In General.--Subchapter F of chapter 1 of the Internal
Revenue Code of 1986 (relating to exempt organizations) is
amended by adding at the end the following new part:
``PART VIII--INDIVIDUAL DEVELOPMENT ACCOUNTS
``Sec. 529. Individual development accounts.
``SEC. 529. INDIVIDUAL DEVELOPMENT ACCOUNTS.
``(a) Establishment of Accounts.--
``(1) In general.--An individual development account may be
established by or on behalf of an eligible individual for the
purpose of accumulating funds to pay the qualified expenses
of such individual.
``(2) Eligible individual.--
``(A) In general.--The term `eligible individual' means an
individual for whom assistance is (or at any prior time was)
provided by a qualified entity grantee under section 3(g) of
the Assets for Independence Act.
``(B) Qualified entity.--The term `qualified entity' has
the meaning given such term by section 3(b)(1)(B) of such
Act.
``(b) Limitations.--
``(1) Account to benefit 1 individual.--An individual
development account may not be established for the benefit of
more than 1 individual.
``(2) Multiple accounts.--If, at any time during a calendar
year, 2 or more individual development accounts are
maintained for the benefit of an eligible individual, such
individual shall be treated as an eligible individual for the
calendar year only with respect to the 1st of such accounts.
``(3) Annual limit.--Contributions to an individual
development account for any taxable year shall not exceed
$2,000. No contribution to the account under section 3(g) of
the Assets for Independence Act shall be taken into account
for purposes of this paragraph.
``(4) Contributions to be from earned income.--An eligible
individual may only contribute to an account such amounts as
are derived from earned income, as defined in section
911(d)(2).
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Qualified expenses.--The term `qualified expenses'
means 1 or more of the following, as provided by the
qualified entity providing assistance to the individual under
section 3(g) of the Assets for Independence Act:
``(A) Postsecondary educational expenses.--Postsecondary
educational expenses paid from an individual development
account directly to an eligible educational institution. For
purposes of this subparagraph--
``(i) In general.--The term `post-secondary educational
expenses' means--
``(I) tuition and fees required for the enrollment or
attendance of a student at an eligible educational
institution, and
``(II) fees, books, supplies, and equipment required for
courses of instruction at an eligible educational
institution.
``(ii) Eligible educational institution.--The term
`eligible educational institution' means the following:
``(I) Institution of higher education.--An institution
described in section 481(a)(1) or 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1088(a)(1) or 1141(a)), as
such sections are in effect on the date of the enactment of
this section.
``(II) Postsecondary vocational education school.--An area
vocational education school (as defined in subparagraph (C)
or (D) of section 521(4) of the Carl D. Perkins Vocational
and Applied Technology Education Act (20 U.S.C. 2471(4)))
which is in any State (as defined in section 521(33) of such
Act), as such sections are in effect on the date of the
enactment of this section.
``(B) First-home purchase.--Qualified acquisition costs
with respect to a qualified principal residence for a
qualified first-time homebuyer, if paid from an individual
development account directly to the persons to whom the
amounts are due. For purposes of this subparagraph--
``(i) Qualified acquisition costs.--The term `qualified
acquisition costs' means the costs of acquiring,
constructing, or reconstructing a residence. The term
includes any usual or reasonable settlement, financing, or
other closing costs.
``(ii) Qualified principal residence.--The term `qualified
principal residence' means a principal residence (within the
meaning of section 1034), the qualified acquisition costs of
which do not exceed 100 percent of the average area purchase
price applicable to such residence (determined in accordance
with paragraphs (2) and (3) of section 143(e)).
``(iii) Qualified first-time homebuyer.--
``(I) In general.--The term `qualified first-time
homebuyer' means a taxpayer (and, if married, the taxpayer's
spouse) who has no present ownership interest in a principal
residence during the 3-year period ending on the date of
acquisition of the principal residence to which this
subparagraph applies.
``(II) Date of acquisition.--The term `date of acquisition'
means the date on which a binding contract to acquire,
construct, or reconstruct the principal residence to which
this subparagraph applies is entered into.
``(C) Business capitalization.--Amounts paid from an
individual development account directly to a business
capitalization account which is established in a federally
insured financial institution and is restricted to use solely
for qualified business capitalization expenses. For purposes
of this subparagraph--
``(i) Qualified business capitalization expenses.--The term
`qualified business capitalization expenses' means qualified
expenditures for the capitalization of a qualified business
pursuant to a qualified plan.
``(ii) Qualified expenditures.--The term `qualified
expenditures' means expenditures included in a qualified
plan, including capital, plant, equipment, working capital,
and inventory expenses.
``(iii) Qualified business.--The term `qualified business'
means any business that does not contravene any law or public
policy (as determined by the Secretary).
``(iv) Qualified plan.--The term `qualified plan' means a
business plan which--
[[Page S 12731]]
``(I) is approved by a financial institution, or by a
nonprofit loan fund having demonstrated fiduciary integrity,
``(II) includes a description of services or goods to be
sold, a marketing plan, and projected financial statements,
and
``(III) may require the eligible individual to obtain the
assistance of an experienced entrepreneurial advisor.
``(D) Transfers to idas of family members.--Amounts paid
from an individual development account directly into another
such account established for the benefit of an eligible
individual who is--
``(i) the taxpayer's spouse, or
``(ii) any dependent of the taxpayer with respect to whom
the taxpayer is allowed a deduction under section 151.
``(2) Individual development account.--The term `individual
development account' means a trust created or organized in
the United States exclusively for the purpose of paying the
qualified expenses of an eligible individual, but only if the
written governing instrument creating the trust meets the
following requirements:
``(A) No contribution will be accepted unless it is in cash
or by check.
``(B) The trustee is a federally insured financial
institution.
``(C) The assets of the account will be invested in
accordance with the direction of the eligible individual
after consultation with the qualified entity providing
assistance to the individual under section 3(g) of the Assets
for Independence Act.
``(D) The assets of the trust will not be commingled with
other property except in a common trust fund or common
investment fund.
``(E) Except as provided in subparagraph (F), any amount in
the account which is attributable to assistance provided
under section 3(g) of the Assets for Independence Act may be
paid or distributed out of the account only for the purpose
of paying the qualified expenses of the eligible individual.
``(F) Any balance in the account on the day after the date
on which the individual for whose benefit the trust is
established dies shall be distributed within 30 days of such
date as directed by such individual to another individual
development account established for the benefit of an
eligible individual.
``(3) Time when contributions deemed made.--A taxpayer
shall be deemed to have made a contribution on the last day
of the preceding taxable year if the contribution is made on
account of such taxable year and is made not later than the
time prescribed by law for filing the return for such taxable
year (including extensions thereof).
``(d) Tax Treatment of Distributions.--
``(1) In general.--Except as otherwise provided in this
subsection, any amount paid or distributed out of an
individual development account attributable to assistance
provided under section 3(g) of the Assets for Independence
Act (including earnings attributable to such assistance)
shall be included in gross income of the payee or distributee
for the taxable year in the manner provided in section 72.
``(2) Distribution used to pay qualified expenses.--A
payment or distribution out of an individual development
account attributable to assistance provided under section
3(g) of the Assets for Independence Act shall not be included
in gross income to the extent such payment or distribution is
used exclusively to pay the qualified expenses incurred by
the eligible individual for whose benefit the account is
established.
``(3) Ordering rules.--Any distribution from an individual
development account shall not be treated as made from the
accumulated contributions made to the account by the eligible
individual (including earnings attributable to such
contributions) until all other amounts to the credit of the
eligible individual have been distributed.
``(e) Tax Treatment of Accounts.--
``(1) Exemption from tax.--
``(A) In general.--Except as provided in subparagraph (B),
an individual development account is exempt from taxation
under this title unless such account has ceased to be an
individual development account by reason of paragraph (2).
Notwithstanding the preceding sentence, any such account is
subject to the taxes imposed by section 511 (relating to
imposition of tax on unrelated business income of charitable,
etc. organizations).
``(B) Certain earnings taxed as grantor trust.--An eligible
individual shall be treated for purposes of this title as the
owner of the individual development account established by or
on behalf of such individual and shall be subject to tax
thereon with respect to the earnings attributable to
contributions made to the account by the eligible individual
in accordance with subpart E of part I of subchapter J of
this chapter (relating to grantors and others treated as
substantial owners).
``(2) Loss of exemption of account where individual engages
in prohibited transaction.--
``(A) In general.--If an eligible individual or qualified
entity engages in any transaction prohibited by section 4975
with respect to such individual's account, the account shall
cease to be an individual development account as of the 1st
day of the taxable year of such individual during which such
transaction occurs.
``(B) Account treated as distributing all its assets.--In
any case in which any account ceases to be an individual
development account by reason of subparagraph (A) as of the
1st day of any taxable year--
``(i) all assets in the account on such 1st day which are
attributable to assistance provided under section 3(g) of the
Assets for Independence Act shall be paid into the general
fund of the Treasury of the United States, and
``(ii) the remaining assets shall be treated as distributed
on such 1st day.
``(3) Effect of pledging account as security.--If, during
any taxable year, an eligible individual or qualified entity
uses such individual's account or any portion thereof as
security for a loan--
``(A) an amount equal to the part of the portion so used
which is attributable to assistance provided under section
3(g) of the Assets for Independence Act shall be paid into
the general fund of the Treasury of the United States, and
``(B) the remaining part of the portion so used shall be
treated as distributed to the eligible individual.
``(4) Effect of lien or other seizure of account.--If,
during any taxable year, a lien is placed on an individual
development account, or the account is otherwise seized
pursuant to legal or administrative process--
``(A) an amount equal to the part of the portion so seized
which is attributable to assistance provided under section
3(g) of the Assets for Independence Act shall be paid into
the general fund of the Treasury of the United States, and
``(B) the remaining part of the portion so seized shall be
treated as distributed to the eligible individual.
``(f) Additional Tax on Certain Amounts Included in Gross
Income.--
``(1) Distribution not used for qualified expenses.--In the
case of any payment or distribution not used exclusively to
pay qualified expenses incurred by the eligible individual
for whose benefit the individual development account is
established, the tax liability of each payee or distributee
under this chapter for the taxable year in which the payment
or distribution is received shall be increased by an amount
equal to 10 percent of the amount of the payment or
distribution.
``(2) Disability or death cases.--Paragraph (1) shall not
apply if the payment or distribution is made after the
individual for whose benefit the individual development
account becomes disabled within the meaning of section
72(m)(7) or dies.
``(g) Community Property Laws.--This section shall be
applied without regard to any community property laws.
``(h) Custodial Accounts.--For purposes of this section, a
custodial account shall be treated as a trust if the assets
of such account are held by a bank (as defined in section
408(n)) or another person who demonstrates, to the
satisfaction of the Secretary, that the manner in which such
person will administer the account will be consistent with
the requirements of this section, and if the custodial
account would, except for the fact that it is not a trust,
constitute an individual development account described in
subsection (c)(2). For purposes of this title, in the case of
a custodial account treated as a trust by reason of the
preceding sentence, the custodian of such account shall be
treated as the trustee thereof.
``(i) Reports.--The trustee of an individual development
account shall--
``(1) prepare reports regarding the account with respect to
contributions, distributions, and any other matter required
by the Secretary under regulations, and
``(2) submit such reports, at the time and in the manner
prescribed by the Secretary in regulations, to--
``(A) the eligible individual for whose benefit the account
is maintained,
``(B) the qualified entity providing assistance to the
individual under section 3(g) of the Assets for Independence
Act, and
``(C) the Secretary.''
(b) Deduction Allowed Against Gross Income.--Subsection (a)
of section 62 (defining adjusted gross income) is amended by
inserting after paragraph (15) the following new paragraph:
``(16) Individual development accounts.--Except as provided
in section 529, contributions to an individual development
account established to provide assistance to the taxpayer
under section 3(g) of the Assets for Independence Act.''
(c) Contribution Not Subject to Gift Tax.--Section 2503 of
such Code (relating to taxable gifts) is amended by adding at
the end the following new subsection:
``(h) Individual Development Accounts.--Any contribution
made by an individual or qualified entity to an individual
development account described in section 529(c)(2) shall not
be treated as a transfer of property by gift for purposes of
this chapter.''
(d) Tax on Prohibited Transactions.--Section 4975 of such
Code (relating to prohibited transactions) is amended--
(1) by adding at the end of subsection (c) the following
new paragraph:
``(4) Special rule for individual development accounts.--An
eligible individual for whose benefit an individual
development account is established and any contributor to
such account shall be exempt from the tax imposed by this
section with respect to any transaction concerning such
account (which would otherwise be taxable under this section)
if, with respect to such transaction, the account ceases to
be an individual development account by reason of the
application of section 529(e)(2)(A) to such account.'', and
(2) by inserting ``, an individual development account
described in section 529(c)(2),''
[[Page S 12732]]
in subsection (e)(1) after ``described in section 408(a)''.
(e) Failure To Provide Reports on Individual Development
Accounts.--Section 6693 of such Code (relating to failure to
provide reports on individual retirement accounts or
annuities) is amended--
(1) by inserting ``or on individual development accounts''
after ``annuities'' in the heading of such section, and
(2) by adding at the end of subsection (a) the following
new sentence: ``The person required by section 529(i) to file
a report regarding an individual development account at the
time and in the manner required by such section shall pay a
penalty of $50 for each failure, unless it is shown that such
failure is due to reasonable cause.''
(f) Special Rule for Determining Amounts of Support for
Dependent.--Subsection (b) of section 152 of such Code
(relating to definition of dependent) is amended by adding at
the end the following new paragraph:
``(6) A distribution from an individual development account
described in section 529(c)(2) to the eligible individual for
whose benefit such account has been established shall not be
taken into account in determining support for purposes of
this section to the extent such distribution is excluded from
gross income of such individual under section 529(d)(2).''
(g) Clerical Amendments.--
(1) The table of parts for subchapter F of chapter 1 of
such Code is amended by inserting at the end the following
new item:
``Part VIII. Individual development accounts.''
(2) The table of sections for subchapter B of chapter 68 of
such Code is amended by striking the item relating to section
6693 and inserting the following new item:
``Sec. 6693. Failure to provide reports on individual retirement
accounts or annuities or on individual development
accounts.''
(h) Effective Date.--The amendments made by this section
shall apply to contributions made after the date of the
enactment of this Act.
SEC. 5. FUNDS IN INDIVIDUAL DEVELOPMENT ACCOUNTS OF
DEMONSTRATION PROJECT PARTICIPANTS DISREGARDED
FOR PURPOSES OF ALL MEANS-TESTED FEDERAL
PROGRAMS.
Notwithstanding any Federal law (other than the Internal
Revenue Code of 1986) that requires consideration of 1 or
more financial circumstances of an individual, for the
purpose of determining eligibility to receive, or the amount
of, any assistance or benefit authorized by such law to be
provided to or for the benefit of such individual, funds
(including interest accruing) in an individual development
account (as defined in section 529 of the Internal Revenue
Code of 1986, as added by section 4 of this Act) shall be
disregarded for such purpose with respect to any period
during which such individual participates in a demonstration
project conducted under section 3 of this Act (or would be
participating in such a project but for the suspension of the
project).
____
S. 1213
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 ``Urban Homestead Act of
1995''.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions shall
apply:
(1) Community development corporation.--The term
``community development corporation'' means a nonprofit
organization whose primary purpose is to promote community
development by providing housing opportunities to low-income
families.
(2) Cost recovery basis.--The term ``cost recovery basis''
means, with respect to any sale of a project or residence by
a unit of general local government to a community development
corporation under section 3(c)(2), that the purchase price
paid by the community development corporation is less than or
equal to the costs incurred by the unit of general local
government in connection with such project or residence
during the period beginning on the date on which the unit of
general local government acquires title to the multifamily
housing project or residential property under subsection (a)
and ending on the date on which the sale is consummated.
(3) Low-income families.--The term ``low-income families''
has the same meaning as in section 3(b) of the United States
Housing Act of 1937.
(4) Multifamily housing project.--The term ``multifamily
housing project'' has the same meaning as in section 203 of
the Housing and Community Development Amendments of 1978.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(6) Severe physical problems.--A dwelling unit shall be
considered to have ``severe physical problems'' if such
unit--
(A) lacks hot or cold piped water, a flush toilet, or both
a bathtub and a shower in the unit, for the exclusive use of
that unit;
(B) on not less than 3 separate occasions, during the
preceding winter months was uncomfortably cold for a period
of more than 6 consecutive hours due to a malfunction of the
heating system for the unit;
(C) has no functioning electrical service, exposed wiring,
any room in which there is not a functioning electrical
outlet, or has experienced not less than 3 blown fuses or
tripped circuit breakers during the preceding 90-day period;
(D) is accessible through a public hallway in which there
are no working light fixtures, loose or missing steps or
railings, and no elevator; or
(E) has severe maintenance problems, including water leaks
involving the roof, windows, doors, basement, or pipes or
plumbing fixtures, holes or open cracks in walls or ceilings,
severe paint peeling or broken plaster, and signs of rodent
infestation.
(7) Single family residence.--The term ``single family
residence'' means a 1- to 4-family dwelling that is held by
the Secretary.
(8) Substandard multifamily housing project.--A multifamily
housing project is ``substandard'' if not less than 25
percent of the dwelling units of the project have severe
physical problems.
(9) Unit of general local government.--The term ``unit of
general local government'' has the same meaning as in section
102(a) of the Housing and Community Development Act of 1974.
(10) Unoccupied multifamily housing project.--The term
``unoccupied multifamily housing project'' means a
multifamily housing project that the unit of general local
government certifies in writing is not inhabited.
SEC. 3. DISPOSITION OF UNOCCUPIED AND SUBSTANDARD PUBLIC
HOUSING.
(a) Transfer of Ownership to Units of General Local
Government.--Notwithstanding section 203 of the Housing and
Community Development Amendments of 1978 or any other
provision of Federal law pertaining to the disposition of
property, the Secretary shall transfer ownership of any
unoccupied multifamily housing project, substandard
multifamily housing project, or other residential property
that is owned by the Secretary to the appropriate unit of
general local government for the area in which the project or
residence is located in accordance with subsection (b), if
the unit of general local government enters into an agreement
with the Secretary described in subsection (c).
(b) Timing.--
(1) In general.--Any transfer of ownership under subsection
(a) shall be completed--
(A) with respect to any multifamily housing project owned
by the Secretary that is determined to be unoccupied or
substandard before the date of enactment of this Act, not
later than 1 year after that date of enactment; and
(B) with respect to any multifamily housing project or
other residential property acquired by the Secretary on or
after the date of enactment of this Act, not later than 1
year after the date on which the project is determined to be
unoccupied or substandard or the residence is acquired, as
appropriate.
(2) Satisfaction of indebtedness.--Prior to any transfer of
ownership under paragraph (1), the Secretary shall satisfy
any indebtedness incurred in connection with the project or
residence at issue, either by--
(A) cancellation of the indebtedness; or
(B) reimbursing the unit of general local government to
which the project or residence is transferred for the amount
of the indebtedness.
(c) Sale to Community Development Corporations.--An
agreement is described in this subsection if it is an
agreement that requires a unit of general local government to
dispose of the multifamily housing project or other
residential property in accordance with the following
requirements:
(1) Notification to community development corporations.--
Not later than 30 days after the date on which the unit of
general local government acquires title to the multifamily
housing project or other residential property under
subsection (a), the unit of general local government shall
notify community development corporations located in the
State in which the project or residence is located--
(A) of such acquisition of title; and
(B) that, during the 6-month period beginning on the date
on which such notification is made, such community
development corporations shall have the exclusive right under
this subsection to make bona fide offers to purchase the
project or residence on a cost recovery basis.
(2) Right of first refusal.--During the 6-month period
described in paragraph (1)(B)--
(A) the unit of general local government may not sell or
offer to sell the multifamily housing project or other
residential property other than to a party notified under
paragraph (1), unless each community development corporation
notifies the unit of general local government that the
corporation will not make an offer to purchase the project or
residence; and
(B) the unit of general local government shall accept a
bona fide offer to purchase the project or residence made
during such period if the offer is acceptable to the unit of
general local government, except that a unit of general local
government may not sell a project or residence to a community
development corporation during that 6-month period other than
on a cost recovery basis.
(3) Other disposition.--During the 6-month period beginning
on the expiration of the 6-month period described in
paragraph (1)(B), the unit of general local government shall
dispose of the multifamily housing
[[Page S 12733]]
project or other residential property on a negotiated, competitive bid,
or other basis, on such terms as the unit of general local
government deems appropriate.
SEC. 4. EXEMPTION FROM PROPERTY DISPOSITION REQUIREMENTS.
No provision of the Multifamily Housing Property
Disposition Reform Act of 1994, or any amendment made by that
Act, shall apply to the disposition of property in accordance
with this Act.
SEC. 5. TENANT LEASES.
This Act shall not affect the terms or the enforceability
of any contract or lease entered into before the date of
enactment of this Act.
SEC. 6. PROCEDURES.
Not later than 6 months after the date of enactment of this
Act, the Secretary shall establish, by rule, regulation, or
order, such procedures as may be necessary to carry out this
Act.
____
S. 1214
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 ``Maternity Shelter Act of
1995''.
SEC. 2. FINDINGS.
Congress finds that--
(1) pregnancy among unmarried teenagers is one of the most
difficult and far-reaching social problems faced by the
United States;
(2) in 1988, the most recent year for which statistics are
available, 816,000 unmarried teenagers became pregnant, and
of such pregnancies, 44 percent ended in abortion, 12 percent
in miscarriage or still birth, and 44 percent in birth;
(3) less than 10 percent of unwed teenage mothers place
their children for adoption;
(4) only half as many unmarried teenagers begin prenatal
care in the first trimester of pregnancy as do teenagers who
become pregnant after marriage, with the result that
unmarried teenagers are twice as likely to give birth to low-
birth-weight babies than their married teenage counterparts
and the rate of infant mortality is twice as high as mothers
giving birth in their twenties; and
(5) Federal policy should assist and encourage States to
provide pre- and postnatal maternity care services to
pregnant teenagers in order to protect the future health and
well-being of their newborn children.
TITLE I--MATERNAL HEALTH CERTIFICATES PROGRAM
SEC. 101. MATERNAL HEALTH CERTIFICATES FOR ELIGIBLE PREGNANT
WOMEN.
(a) Establishment of Maternal Health Certificates for
Eligible Pregnant Women.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
establish a program to provide maternal health certificates
for eligible pregnant women to use to cover expenses incurred
in receiving services at a maternity home.
(b) Eligibility of Individuals.--
(1) In general.--A pregnant woman is eligible to receive a
maternal health certificate under the program established
under subsection (a) if the woman--
(A) has an annual individual income (determined without
taking into account the income of any parent or guardian of
the individual) not greater than 175 percent of 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 Omnibus Budget Reconciliation Act of 1981)
applicable to such individual; and
(B) provides the Secretary with such other information and
assurances as the Secretary may require.
(2) Income of estranged spouse not included.--In
determining the income of an individual for purposes of
paragraph (1)(A), there shall not be included the income of a
spouse if the spouse has been living apart from the woman for
not less than 6 months, or if the spouse is incarcerated.
(3) Participation in afdc program not required.--An
individual otherwise eligible to receive a maternal health
certificate under the program established under subsection
(a) shall not be found ineligible to receive such a
certificate solely on the grounds that the individual does
not receive or is not eligible to receive aid under the State
plan for aid to families with dependent children under part A
of title IV of the Social Security Act.
(c) Limitations on Amount of Expenses Incurred.--A
certificate received under the program established under
subsection (a) may be used to cover an amount of expenses
incurred by an individual at a maternity home that does not
exceed an amount equal to--
(1) $100; multiplied by
(2) the number of days during which such services are
provided to the individual at such facility.
(d) Definitions.--For purposes of this section:
(1) Maternity home.--The term ``maternity home'' means a
nonprofit facility licensed or otherwise approved by the
State (including accreditation or other peer review systems
that may be recognized by the State) in which the facility is
located to serve as a residence for not fewer than 4 pregnant
women during pregnancy and for a limited period after the
date on which the child carried during the pregnancy is born,
as the Secretary may determine, that provides such pregnant
women with appropriate supportive services, which--
(A) shall include the following services--
(i) instruction and counseling regarding future health care
for the woman and her child;
(ii) nutrition counseling;
(iii) counseling and education concerning all aspects of
prenatal care, childbirth, and motherhood;
(iv) general family counseling, including child and family
development counseling;
(v) adoption counseling;
(vi) employability training, job assistance, and
counseling; and
(vii) medical care or referral for medical care for the
woman and her child, including--
(I) prenatal, delivery, and post-delivery care;
(II) screening or referral for screening for illegal drug
use and treatment; and
(III) screening or referral for screening and treatment of
sexually transmitted diseases; and
(B) may include the following services--
(i) housing;
(ii) board and nutrition services;
(iii) basic transportation services to enable the woman to
obtain services from the facility;
(iv) incidental dental care;
(v) referral for job training; and
(vi) such other services as are consistent with the
purposes of this section.
(2) Pregnant woman.--The term ``pregnant woman'' means a
woman determined to have one or more fetuses in utero.
(e) Authorization of Appropriations.--There are authorized
to be appropriated for maternal health certificates under
this section--
(1) $50,000,000 for fiscal year 1996;
(2) $75,000,000 for fiscal year 1997; and
(3) $100,000,000 for fiscal year 1998.
TITLE II--MATERNITY HOME DEMONSTRATIONS
SEC. 201. PURPOSES.
It is the purpose of this title to support demonstrations--
(1) to improve and expand the availability of, and access
to, needed comprehensive maternity care services that enable
pregnant adolescents to obtain proper care and to assist
pregnant adolescents and adolescent parents to become
productive independent contributors to family and community
life; and
(2) to promote innovative, comprehensive, and integrated
approaches to the delivery of such services.
SEC. 202. ESTABLISHMENT OF DEMONSTRATION PROGRAM.
(a) Grants.--
(1) In general.--The Secretary of Health and Human Services
(hereinafter referred to in this Act as the ``Secretary'')
may make demonstration grants to any State that submits an
application under this section (in such form and containing
such information as the Secretary may require) to reimburse
the State for amounts expended under an eligible grant
program for maternity care services furnished to eligible
beneficiaries.
(2) Limitations.--No grant made under paragraph (1)--
(A) shall exceed an amount equal to 50 percent of the total
amount expended by the State under the demonstration program
for maternity care services furnished to eligible
beneficiaries; or
(B) shall be used for the performance, counseling, or
referral for abortion.
(3) Definitions.--As used in this subsection:
(A) Demonstration program.--The term ``demonstration
program'' means any program conducted by a nonprofit private
organization or agency that (as determined by the Secretary)
is capable of furnishing in a single setting maternity care
services which--
(i) shall include the following services--
(I) instruction and counseling regarding future health care
for the woman and her child;
(II) nutrition counseling;
(III) counseling and education concerning all aspects of
prenatal care, childbirth, and motherhood;
(IV) general family counseling, including child and family
development counseling;
(V) adoption counseling;
(VI) employability training, job assistance, and
counseling; and
(VII) medical care or referral for medical care for the
woman and her child, including--
(aa) prenatal, delivery, and post-delivery care;
(bb) screening or referral for screening for illegal drug
use and treatment; and
(cc) screening or referral for screening and treatment of
sexually transmitted diseases; and
(ii) may include the following services--
(I) housing;
(II) board and nutrition services;
(III) basic transportation services to enable the woman to
obtain services from the facility;
(IV) incidental dental care;
(V) referral for job training; and
(VI) such other services as are consistent with the
purposes of this section.
(B) Eligible beneficiary.--The term ``eligible
beneficiary'' means any individual who--
(i) is under the age of 19;
(ii) has not completed high school; and
(iii)(I) is pregnant; or
(II) has given birth in the preceding 90 days.
[[Page S 12734]]
(b) Administration.--The officer or employee of the
Department of Health and Human Services designated by the
Secretary to administer the grant program under this section
shall report directly to the Assistant Secretary for Health
with respect to the activities of such officer or employee in
administering such program.
(c) Authorization of Appropriations; Amounts for
Administration and Evaluation.--
(1) Authorization of appropriations.--There are authorized
to be appropriated $50,000,000 for each of the fiscal years
1996, 1997, and 1998 for the purpose of carrying out the
grant program under this section.
(2) Administration and start up.--Not more than 25 percent
of the amounts appropriated pursuant to paragraph (1) may be
used for the purpose of administering or starting up the
grant program under this section.
(d) Regulations.--The Secretary shall adopt such
regulations as are necessary to carry out this section.
TITLE III--REHABILITATION GRANTS FOR MATERNITY HOUSING AND SERVICES
FACILITIES
SEC. 301. ESTABLISHMENT OF GRANT PROGRAM.
The Secretary of Housing and Urban Development shall carry
out a program to provide assistance under this title to
eligible nonprofit entities for rehabilitation of existing
structures for use as facilities to provide housing and
services to pregnant women.
SEC. 302. AUTHORITY AND APPLICATIONS.
(a) Authority.--The Secretary may make grants under the
program under this title to eligible nonprofit entities to
rehabilitate existing structures for use as maternity housing
and services facilities.
(b) Applications.--The Secretary may make grants only to
nonprofit entities that submit applications for grants under
this title in the form and manner that the Secretary shall
prescribe, which shall include assurances that grant amounts
will be used to provide a maternity housing and services
facility.
SEC. 303. GRANT LIMITATIONS.
(a) Maximum Grant Amount.--A grant under this title may not
be in an amount greater than $1,000,000. An eligible
nonprofit entity may not receive more than 1 grant under this
title in any fiscal year.
(b) Maximum Number of Grants.--The Secretary may not make
grants under this title to more than 100 eligible nonprofit
entities in any fiscal year.
(c) Use of Grants for Rehabilitation Activities.--Any
eligible nonprofit entity that receives a grant under this
title shall use the grant amounts for the acquisition or
rehabilitation (or both) of existing structures for use as a
maternity housing and services facility, which may include
planning and development costs, professional fees, and
administrative costs related to such acquisition or
rehabilitation.
(d) Time Limitation.--Rehabilitation projects that receive
assistance under this title shall be operated for not less
than 10 years for the purposes described in this title.
(e) Repayment.--
(1) Requirement.--The Secretary shall require a recipient
of a grant under this title to repay 100 percent of the
amount of such grant if the Secretary determines that the
recipient has failed to use such grant to operate maternity
housing during the 1-year period beginning on the date such
housing is placed in service. If the Secretary determines
that such recipient is operating maternity housing under such
grant for periods in excess of such 1-year period, the
Secretary shall reduce the percentage of the amount required
to be repaid by 10 percentage points for each year such
maternity housing is in operation in excess of such 1-year
period,
(2) Exception.--A recipient of a grant under this title
shall not be required to comply with the terms and conditions
prescribed under this subsection if the recipient elects to
sell or dispose of the property involved and such sale or
disposition results in the use of the project for the direct
benefit of very low income individuals or if all of the
proceeds generated from such sale or disposition are used to
provide maternity housing that meets the requirements of this
title.
SEC. 304. REPORTS.
The Secretary shall require each eligible nonprofit entity
that receives a grant under this title to submit to the
Secretary a report, at such times and including such
information as the Secretary shall determine, describing the
activities carried out by the eligible nonprofit entity with
the grant amounts.
SEC. 305. DEFINITIONS.
For purposes of this title:
(1) Eligible nonprofit entities.--The term ``eligible
nonprofit entity'' means any organization that--
(A) is described in section 501(c)(3) of the Internal
Revenue Code of 1986 that is exempt from taxation under
subtitle A of such Code; and
(B) has submitted an application under section 702(b) for a
grant under this title.
(2) Maternity housing and services facility.--The term
``maternity housing and services facility'' means a facility
licensed or otherwise approved by the State in which the
facility is located to serve as a residence for not fewer
than 4 pregnant women during pregnancy and for a limited
period after the date on which the child carried during the
pregnancy is born, as the Secretary may determine, that
provides such pregnant women with appropriate supportive
services, which
(A) shall include the following services--
(i) instruction and counseling regarding future health care
for the woman and her child;
(ii) nutrition counseling;
(iii) counseling and education concerning all aspects of
prenatal care, childbirth, and motherhood;
(iv) general family counseling, including child and family
development counseling;
(v) adoption counseling;
(vi) employability training, job assistance, and
counseling; and
(vii) medical care or referral for medical care for the
woman and her child, including--
(I) prenatal, delivery, and post-delivery care;
(II) screening or referral for screening for illegal drug
use and treatment; and
(III) screening or referral for screening and treatment of
sexually transmitted diseases; and
(B) may include the following services--
(i) housing;
(ii) board and nutrition services;
(iii) basic transportation services to enable the woman to
obtain services from the facility;
(iv) incidental dental care;
(v) referral for job training; and
(vi) such other services as are consistent with the
purposes of this section.
(3) Pregnant woman.--The term ``pregnant woman'' means a
woman determined to have one or more fetuses in utero.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title $25,000,000 for fiscal year 1996, $40,000,000 for
fiscal year 1997, and $60,000,000 for fiscal year 1998.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. EVALUATIONS AND REPORTS.
(a) Evaluation.--The Secretary of Health and Human Services
(with respect to titles I and II) and the Secretary of
Housing and Urban Development (with respect to title III)
shall conduct an evaluation of each program receiving a grant
under this Act and may require each recipient of a grant
under this Act to submit such information to the appropriate
Secretary as such Secretary determines is necessary to
conduct such evaluation.
(b) Report.--Each Secretary referred to in subsection (a)
shall for each year of the grant program under this Act
submit to the Congress a summary of each evaluation conducted
under subsection (a) and of the information submitted to each
such Secretary by recipients of grants under this Act.
(c) Funding.--Of the amounts appropriated pursuant to this
Act--
(1) the Secretary of Health and Human Services shall
reserve not less than 3 percent nor more than 10 percent of
the amount appropriated under titles I and II; and
(2) the Secretary of Housing and Urban Development shall
reserve not less than 3 percent nor more than 10 percent of
the amount appropriated under title III;
for the purpose of carrying out the activities under
subsections (a) and (b).
SEC. 402. PROHIBITION ON ABORTION.
Amounts may be made available under this Act only to
programs or projects that--
(1) do not provide for the performance of abortions or
provide abortion counseling or referral;
(2) do not subcontract with or make any payments to any
person who provides for the performance of abortions or
provides abortion counseling or referral; and
(3) do not advocate, promote, or encourage abortion;
except where the life of the mother would be endangered of
the fetus were carried to term.
____
S. 1215
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 ``Neighborhood Security Act''.
SEC. 2. PURPOSES.
It is the purpose of this Act to provide for the
establishment of demonstration projects designed to determine
the effectiveness of--
(1) certain activities by community residents in
coordination with the local police department in preventing
and removing violent crime and drug trafficking from the
community;
(2) such activities in increasing economic development in
the community; and
(3) such activities in preventing or ending retaliation by
perpetrators of crime against community residents engaged in
these activities.
SEC. 3. DEMONSTRATION GRANT AUTHORITY.
(a) Demonstration Authority.--Not later than 16 months
after the date of enactment of this Act, the Secretary shall
award grants under this Act. Grants shall be awarded annually
under this section and shall be for a period of 4 years.
(b) Limitation on Grant Amounts.--The amount of each grant
awarded under this Act shall not be less than $25,000 nor
more than $100,000.
(c) Reduction in Amount.--Amounts provided under a grant
awarded under this Act for a fiscal year shall be reduced in
proportion to any reduction in the amounts appropriated under
this Act for such fiscal year as compared to the amounts
appropriated for the prior fiscal year.
[[Page S 12735]]
(d) Unused Portion of Grant Funds.--Any unused portion of a
grant awarded under this section shall, upon the termination
of such grant, be transferred to the Secretary for
redistribution in the subsequent fiscal year or for repayment
to the Department of the Treasury.
SEC. 4. APPLICATION.
(a) Submission.--To be eligible to receive a grant under
section 3, a qualified entity shall, not later than 12 months
after the date of enactment of this Act, submit to the
Secretary an application to conduct a demonstration project
under this Act.
(b) Content.--An application submitted under subsection (a)
shall be in such form and contain such information as the
Secretary shall require, including--
(1) an agreement with the local police department to
coordinate and assist in the prevention and removal of
violent crime and drug trafficking from the target community;
(2) a plan detailing the nature and extent of coordination
and assistance to be provided by the local police department,
project participants, and the applicant; and
(3) a description of the strategy of the community for the
physical and economic development of the community.
(c) Criteria.--In considering whether to approve an
application submitted under this section, the Secretary shall
consider--
(1) the degree to which the project described in the
application will support existing community economic
development activities by preventing and removing violent
crime and drug trafficking from the community;
(2) the demonstrated record of project participants with
respect to economic and community development activities;
(3) the ability of the applicant to responsibly administer
the project;
(4) the ability of the applicant to assist and coordinate
with project participants to achieve economic development and
prevent and remove violent crime and drug trafficking in the
community;
(5) the adequacy of the plan to assist and coordinate with
the local police department in preventing and removing
violent crime and drug trafficking in the community;
(6) the consistency of the application with the eligible
activities and the uses for the grant under this Act;
(7) the aggregate amount of funds from non-Federal (public
and private sector) sources that are formally committed to
the project;
(8) the adequacy of the plan for providing information
relevant to an evaluation of the project to the independent
research organization; and
(9) such other factors as may be determined appropriate by
the Secretary.
(d) Preferences.--In considering an application submitted
under this section, the Secretary shall give preference to an
applicant that demonstrates a commitment to work with project
participants and a local police department in a community
with--
(1) an enterprise zone or enterprise community designation
or an area established pursuant to any consolidated planning
process for use of Federal housing and community development
funds;
(2) significant rates of violent crime and drug
trafficking, as determined by the Secretary; and
(3) at least one non-profit community development
corporation or similar organization that is willing to and
capable of increasing economic development.
(e) Approval.--Not later than 15 months after the date of
enactment of this Act, the Secretary shall, on competitive
basis, approve or disapprove of the applications submitted
under this section.
SEC. 5. ELIGIBLE ACTIVITIES.
(a) Activities.--Amounts provided under a grant awarded
under this Act shall be used for the following activities:
(1) Citizen patrols by car or by foot intended to prevent
violent crime and eradicate open market or street sales of
controlled substances.
(2) Block watch activities, including identification of
property for purposes of retrieving stolen goods, camera
surveillance to identify drug traffickers and their
customers, protection of evidence to ensure evidence is not
lost or destroyed prior to police arrival, and computer
linkages among organizations and the police to identify hot
spots and speed the dissemination of information.
(3) Property modification programs, including securing
buildings and residences to prevent burglary, and structural
changes, such as the construction of fences, to parks or
buildings to prevent drug sales or other criminal activity in
those areas.
(4) Squatter eviction programs aimed at notifying public
authorities of trespassers in abandoned buildings used as
crack houses or heroin shooting galleries and increasing
efforts to remove such squatters.
(5) Expansion of community liaisons with the police,
including expanding the community's role in community
policing activities.
(6) Developing and expanding programs to prevent or end
retaliation by perpetrators of crime against project
participants.
(7) Other activities consistent with the purposes of this
Act.
(b) Additional Activities.--Amounts provided under a grant
awarded under this Act may be used for additional activities
in support of the activities described in subsection (a),
including--
(1) the purchase of equipment or supplies, including
cameras, video cameras, walkie-talkies, and computers;
(2) the training of project participants; and
(3) the hiring of staff for grantees or project participant
organizations to assist in coordinating activities among
project participants and with the local police department.
SEC. 6. LOCAL CONTROL OVER PROJECTS.
Except as provided in regulations promulgated under the
succeeding sentence, each organization authorized to conduct
a demonstration project under this Act shall have exclusive
authority over the administration of the project. The
Secretary may prescribe such regulations with respect to such
demonstration projects as are expressly authorized or as are
necessary to ensure compliance with approved applications and
this Act.
SEC. 7. MONITORING OF GRANTEES.
(a) In General.--The Secretary shall monitor grantees to
ensure that the projects conducted under the grants are being
carried out in accordance with this Act. Each grantee, and
each entity which has received funds from a grant made under
this Act, shall make appropriate books, documents, papers,
and records available to the Secretary for examination,
copying, or mechanical reproduction on or off the premises of
the entity upon a reasonable request therefore.
(b) Withholding, Termination or Recapture.--The Secretary
shall, after adequate notice and an opportunity for a
hearing, withhold, terminate, or recapture any funds due, or
provided to and unused by, an entity under a grant awarded
under this Act if the Secretary determines that such entity
has not used any such amounts in accordance with the
requirements of this Act. The Secretary shall withhold,
terminate, or recapture such funds until the Secretary
determines that the reason for the withholding, termination,
or recapture has been removed and there is reasonable
assurance that it will not recur.
(c) Complaints.--The Secretary shall respond in an
expeditious manner to complaints of a substantial or serious
nature that an entity has failed to use funds provided under
this Act in accordance with the requirements of this Act.
SEC. 8. REPORTS AND AUDITS.
(a) Reports.--Not later than 3 months after the termination
of a grant under this Act, the grantee shall prepare and
submit to the Secretary a report containing such information
as may be required by the Secretary.
(b) Audits.--The Secretary shall annually audit the
expenditures of each grantee under this Act from payments
received under grants awarded under this Act. Such audits
shall be conducted by an entity independent of any agency
administering a program funded under this Act and, in so far
as practical, in accordance with the Comptroller General's
standards for auditing governmental organizations, programs,
activities, and functions.
SEC. 9. EVALUATIONS.
(a) In General.--Not later than 16 months after the date of
enactment of this Act, the Secretary shall enter into a
contract with an independent research organization under
which such organization, in accordance with this section,
conducts an evaluation of the demonstration projects,
individually and as a group, conducted under this Act.
(b) Research Questions.--In evaluating a demonstration
project conducted under this Act, the organization described
in subsection (a) shall address the following:
(1) What activities and uses most effectively involve
project participants in the activities and uses under this
Act (with effectiveness measured, for example, by duration of
participation, frequency of participation, and intensity of
participation).
(2) What activities and uses are most effective in
preventing or removing violent crime and drug trafficking
from a target community.
(3) What activities and uses are most effective in
supporting or promoting economic development in a target
community.
(4) What activities and uses are most effective in
increasing coordination and assistance between project
participants and with the local police department.
(5) What activities and uses are most effective in
preventing or ending retaliation by perpetrators of crime
against project participants.
(c) Funding.--Of the funds appropriated under this Act, the
Secretary shall set aside not less than 1 percent and not
more than 3 percent for the evaluations required under this
section.
(d) Report to Congress.--Not later than 6 months after the
date on which the last grant under this Act terminates, the
Secretary shall prepare and submit to the appropriate
committees of the Congress a summary of each evaluation
conducted under this section.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
Act, $10,000,000 for each of the fiscal years 1997, 1998,
1999, and 2000.
SEC. 11. DEFINITIONS.
As used in this Act:
(1) Community.--The term ``community'' means a contiguous
geographic area within a large urban district or encompassing
a small urban or other nonurban area.
(2) Drug trafficking.--The term ``drug trafficking'' means
any offense that could be prosecuted under the Controlled
Substances Act (21 U.S.C. 801, et seq.).
(3) Economic development.--The term ``economic
development'' means revitalization and development
activities, including
[[Page S 12736]]
business, commercial, housing, and employment activities, that benefit
a community and its residents.
(4) Grantee.--The term ``grantee'' means a qualified entity
that receives a grant under this Act.
(5) Project participant.--The term ``project participant''
means any individual or private-sector group in a community
participating in any of the activities established under a
demonstration grant under this Act.
(6) Qualified entity.--The term ``qualified entity'' means
a non-profit organization described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from taxation
under the Internal Revenue Code of 1986.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(8) Violent Crime.--The term ``violent crime'' has the same
meaning as the term ``crime of violence'' in title 18 of the
United States Code.
____
S. 1216
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 ``Compassion Credit Act''.
SEC. 2. CREDIT FOR CHARITABLE CONTRIBUTIONS TO INDIVIDUALS
PROVIDING HOME CARE TO CERTAIN INDIVIDUALS IN
NEED.
(a) In General.--Subpart A of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
nonrefundable personal credits) is amended by inserting after
section 22 the following new section:
``SEC. 23. CREDIT FOR HOME CARE FOR NEEDY INDIVIDUALS.
``(a) In General.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this
chapter for a taxable year an amount equal to $500 for each
eligible individual.
``(b) Eligible Individual.--For purposes of this section--
``(1) In general.--The term `eligible individual' means an
individual--
``(A) who is a member of a class of individuals described
in paragraph (2), and
``(B) to whom the taxpayer provides qualified home care
services which are required by the individual by reason of
being a member of such a class.
``(2) Needy individuals.--The classes of individuals
described in this paragraph are as follows:
``(A) Unmarried pregnant women.
``(B) Hospice care patients, including AIDS patients and
cancer patients.
``(C) Homeless individuals.
``(D) Battered women and battered women with children.
``(3) Qualified home care services.--The term `qualified
home care services' means those services which the taxpayer
is certified as being qualified to provide to an eligible
individual by an organization--
``(A) which is described in section 501(c)(3) and exempt
from tax under section 501(a), and
``(B) the predominant activity of which is providing care
to one or more classes of eligible individuals.''
(b) Clerical Amendment.--The table of sections for subpart
A of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by inserting after the item
relating to section 22 the following new item:
``Sec. 23. Credit for home care for needy individuals.''
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1995.
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S. 1217
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 ``Medical Volunteer Act''.
SEC. 2. TORT CLAIM IMMUNITY.
(a) General Rule.--A health care professional who provides
a health care service to a medically underserved person
without receiving compensation for such health care service,
shall be regarded, for purposes of any medical malpractice
claim that may arise in connection with the provision of such
service, as an employee of the Federal Government for
purposes of the Federal tort claims provisions in title 28,
United States Code.
(b) Compensation.--For purposes of subsection (a), a health
care professional shall be deemed to have provided a health
care service without compensation only if, prior to
furnishing a health care service, the health care
professional--
(1) agrees to furnish the health care service without
charge to any person, including any health insurance plan or
program under which the recipient is covered; and
(2) provides the recipient of the health care service with
adequate notice (as determined by the Secretary) of the
limited liability of the health care professional with
respect to the service.
SEC. 3. PREEMPTION.
The provisions of this Act shall preempt any State law to
the extent that such law is inconsistent with such
provisions. The provisions of this Act shall not preempt any
State law that provides greater incentives or protections to
a health care professional rendering a health care service.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) Health care professional.--The term ``health care
professional'' means a person who, at the time the person
provides a health care service, is licensed or certified by
the appropriate authorities for practice in a State to
furnish health care services.
(2) Health care service.--The term ``health care service''
means any medical assistance to the extent it is included in
the plan submitted under title XIX of the Social Security Act
for the State in which the service was provided.
(3) Medically underserved person.--The term ``medically
underserved person'' means a person who resides in--
(A) a medically underserved area as defined for purposes of
determining a medically underserved population under section
330 of the Public Health Service Act (42 U.S.C. 254c); or
(B) a health professional shortage area as defined in
section 332 of such Act (42 U.S.C. 254e);
and who receives care in a health care facility substantially
comparable to any of those designated in the Federally
Supported Health Centers Assistance Act (42 U.S.C. 233 et
seq.), as shall be determined in regulations promulgated by
the Secretary.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Department of Health and Human Services.
____
S. 1218
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 ``Community Partnership Act''.
SEC. 2. GRANT PROGRAM.
(a) In General.--The Attorney General and the Secretary of
Health and Human Services shall jointly establish and carry
out a competitive grant program to provide funding to States
and communities to--
(1) establish an information network to enhance
coordination of matches between--
(A) churches, synagogues and other communities of faith,
and other community groups; and
(B)(i) families receiving aid to families with dependent
children under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.) who voluntarily elect to participate;
or
(ii) nonviolent criminal offenders who elect to
participate, and are directed to such a program through the
judicial system;
(2) hire staff to coordinate matches, recruit churches,
enhance coordination between the public welfare system,
judicial system, churches, synagogues and other communities
of faith, and other community groups; and
(3) disseminate information, including training, to
Government agencies and interested community groups about
programs receiving funding under this Act.
(b) Funding.--
(1) In general.--A grant under this section shall not
exceed $1,000,000 in any fiscal year.
(2) Sources.--There are authorized to be appropriated not
more than $50,000,000, of which--
(A) not more than $25,000,000 shall be available from the
Violent Crime Reduction Trust Fund; and
(B) not more than $25,000,000 shall be available from funds
appropriated to the Secretary of Health and Human Services
for administrative expenses.
SEC. 3. INFORMATION CLEARINGHOUSES.
Of the amount made available under section 2(b), not more
than a total of $1,000,000 shall be available to the Attorney
General and Secretary of Health and Human Services for each
to establish a national information clearinghouse at the
Department of Justice and the Department of Health and Human
Services, respectively, to provide information and networking
to assist States in establishing and carrying out programs
under section 2.
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