[Congressional Record Volume 155, Number 51 (Wednesday, March 25, 2009)]
[Senate]
[Pages S3803-S3805]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 701. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 687 proposed by Ms. Mikulski (for herself and Mr. Isakson) 
to the bill H.R. 1388, to reauthorize and reform the national service 
laws; which was ordered to lie on the table; as follows:

       On page 5, before line 1 and after the item relating to 
     section 6101, insert the following:

     SEC. 2. SENSE OF THE SENATE.

       (a) Findings.--The Senate finds the following:
       (1) Total private giving increased to $306,000,000,000 in 
     2007, equal to 2.2 percent of the gross domestic product of 
     the United States.
       (2) Total private giving has more than doubled in a 10-year 
     period, and individual giving reached $229,000,000,000 in 
     2007.
       (3) The people of the United States donate 3\1/2\ times as 
     much, per capita, as the people of any other developed 
     nation.
       (4) There are nearly 1,400,000 charitable organizations in 
     the United States, and approximately 355,000 religious 
     congregations.
       (5) Nonprofit organizations, including public charities and 
     private foundations, account for approximately 8 percent of 
     the wages and salaries paid in the United States.
       (6) The nonprofit sector employs more than 10,000,000 
     people, and 7 percent of the people of the United States are 
     paid employees of nonprofit organizations.
       (7) A proposed cut to charitable tax deductions for wealthy 
     taxpayers may result in a 10 percent drop in charitable 
     giving by wealthy individuals that is equal to 
     $6,000,000,000.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) all citizens of the United States should continue in 
     the selfless generosity and noble spirit of charitable 
     giving;
       (2) Congress should support measures that incentivize 
     charitable giving by wealthy Americans to nonprofit 
     organizations, public charities, private foundations, and 
     religious congregations; and
       (3) Federal tax law should encourage, and not punish, 
     charitable donations by all people of the United States, 
     regardless of income.
                                 ______
                                 
  SA 702. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 687 proposed by Ms. Mikulski) (for herself and Mr. 
Isakson) to the bill H.R. 1388, to reauthorize and reform the national 
service laws; which was ordered to lie on the table; as follows:

       On page 213, after line 21, insert the following:

     SEC. 1613. LIMITING BURDENS ON THE BUREAU OF THE CENSUS.

       Notwithstanding section 179A of the National and Community 
     Service Act of 1990 (as added by section 1608), the Director 
     of the Bureau of the Census shall be prohibited from 
     providing technical advice to the Corporation, collecting, 
     reporting or supplying data to the Corporation, or carrying 
     out any other activity described in such section 179A, until 
     such time as the Comptroller General of the United States--
       (1) determines that the 2010 Census is no longer a high-
     risk area with respect to addressing challenges in broad-
     based transformation; and
       (2) removes the 2010 Census from the Government 
     Accountability Office's high-risk list.
                                 ______
                                 
  SA 703. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 1388, to reauthorize and reform the national 
service laws; which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

                    TITLE VII--MILLIONAIRE EXEMPTION

     SEC. 701. EXEMPTION FOR MILLIONAIRES.

       (a) In General.--Notwithstanding any other provision of 
     this Act or any provision of the national service laws (as 
     defined in section 101 of the National and Community Service 
     Act of 1990 (42 U.S.C. 12511)), no wealthy individual who 
     participates in a program under this Act or any of such 
     national service laws may receive stipend, living allowance, 
     education award, or other compensation by virtue of such 
     participation.
       (b) Wealthy Individual.--In this section, the term 
     ``wealthy individual'' means an individual who is from a 
     family with a taxable annual income of more than $1,000,000.
                                 ______
                                 
  SA 704. Mr. ENSIGN submitted an amendment intended to be proposed to 
amendment SA 687 proposed by Ms. Mikulski) (for herself and Mr. 
Isakson) to the bill H.R. 1388, to reauthorize and reform the national 
service laws; which was ordered to lie on the table; as follows:

       Beginning on page 61, strike line 7 and all that follows 
     through page 62, line 25 and insert the following:
       (2) by striking subsection (b) and inserting the following:
       ``(b) Prohibition on National Service Programs Run by 
     Federal Agencies.--Notwithstanding any other provision of 
     law, no Federal funds (including funds authorized for 
     financial assistance or for educational awards for 
     participants in approved national service positions) shall be 
     available for national service programs run by Federal 
     agencies under this subtitle.''.
                                 ______
                                 
  SA 705. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 1388, to reauthorize and reform the national 
service laws; which was ordered to lie on the table; as follows:

       On page 128, strike line 6 and insert the following:
       ``(c) Ineligible Organizations.--
       ``(1) In general.--No assistance provided under this 
     subtitle may be provided (including for the participation 
     under this subtitle of a participant in an approved national 
     service position in activities conducted by such an 
     organization) to--
       ``(A) an organization described in paragraph (2); or
       ``(B) to an organization that is co-located on the same 
     premises as an organization described in paragraph (2).
       ``(2) Organizations.--An organization referred to in 
     paragraph (1) means--
       ``(A) the Association of Community Organizations for Reform 
     Now (ACORN); or
       ``(B) an entity that is under the control of such 
     Association, as demonstrated by--
       ``(i)(I) such Association directly owning or controlling, 
     or holding with power to vote, 25 percent or more the voting 
     shares of such other entity;
       ``(II) such other entity directly owning or controlling, or 
     holding with power to vote, 25 percent of more of the voting 
     shares of such Association; or
       ``(III) a third entity directly owning or controlling, or 
     holding with power to vote, 25 percent or more of the voting 
     shares of such Association and such other entity;
       ``(ii)(I) such Association controlling, in any manner, a 
     majority of the board of directors of such other entity;
       ``(II) such other entity controlling, in any manner, a 
     majority of the board of directors of such Association; or
       ``(III) a third entity controlling, in any manner, a 
     majority of the board of directors of such Association and 
     such other entity;
       ``(iii) individuals serving in a similar capacity as 
     officers, executives, or staff of both such Association and 
     such other entity;
       ``(iv) such Association and such other entity sharing 
     office space, supplies, resources, or marketing materials, 
     including communications through the Internet and other forms 
     of public communication; or
       ``(v) such Association and such other entity exhibiting 
     another indicia of control over, control by, or common 
     control with, such other entity or such Association, 
     respectively, as may be set forth in regulation by the 
     Corporation.
       ``(d) Nondisplacement of Employed Workers
                                 ______
                                 
  SA 706. Mr. ENSIGN submitted an amendment intended to be proposed to 
amendment SA 692 submitted by Mr. Baucus (for himself and Mr. Grassley) 
to the amendment SA 687 proposed by Ms. Mikulski (for herself and Mr. 
Isakson) to the bill H.R. 1388, to reauthorize and reform the national 
service laws; which was ordered to lie on the table; as follows:

       On page 2, line 20, insert before the period the following: 
     ``which shall include crisis pregnancy centers, organizations 
     that serve battered women (including domestic violence 
     shelters), and organizations that serve victims of rape or 
     incest''.

                                 ______
                                 
  SA 707. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 687 proposed by Ms. Mikulski (for herself and Mr. Isakson) 
to the bill H.R. 1388, to reauthorize and reform the national service 
laws; which was ordered to lie on the table; as follows:


[[Page S3804]]


       At the end of title IV, insert the following:

     SEC. ___. SENSE OF THE SENATE REGARDING THE TAX DEDUCTION FOR 
                   CHARITABLE CONTRIBUTIONS.

       It is the sense of the Senate that the tax deduction for 
     charitable contributions and gifts should not be changed in 
     any way that would discourage taxpayers from making such 
     contributions and gifts.
                                 ______
                                 
  SA 708. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 687 proposed by Ms. Mikulski (for herself and Mr. Isakson) 
to the bill H.R. 1388, to reauthorize and reform the national service 
laws; which was ordered to lie on the table; as follows:

       Strike line 11 on page 212 and all that follows through 
     line 21 on page 213 and insert the following:

     ``SEC. 189D. CRIMINAL HISTORY CHECKS.

       ``(a) In General.--Each entity selecting individuals to 
     serve in a position in which the individuals receive a living 
     allowance, stipend, national service educational award, or 
     salary through a program receiving assistance under the 
     national service laws, shall, subject to regulations and 
     requirements established by the Corporation, conduct criminal 
     history checks for such individuals.
       ``(b) Requirements.--A criminal history check under 
     subsection (a) shall include--
       ``(1) a name-based search of the National Sex Offender 
     Registry established under the Adam Walsh Child Protection 
     and Safety Act of 2006 (42 U.S.C. 16901 et seq.); and
       ``(2) submitting fingerprints to the Federal Bureau of 
     Investigation for a national criminal history check.
       ``(c) Eligibility Prohibition.--An individual shall be 
     ineligible to serve in a position described under subsection 
     (a) if such individual--
       ``(1) refuses to consent to the criminal history check 
     described in subsection (b);
       ``(2) makes a false statement in connection with such 
     criminal history check;
       ``(3) is registered, or is required to be registered, on a 
     State sex offender registry or the National Sex Offender 
     Registry established under the Adam Walsh Child Protection 
     and Safety Act of 2006 (42 U.S.C. 16901 et seq.); or
       ``(4) has been convicted of a crime of violence, as defined 
     in section 16 of title 18, United States Code.''.
                                 ______
                                 
  SA 709. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 687 proposed by Ms. Mikulski (for herself and Mr. Isakson) 
to the bill H.R. 1388, to reauthorize and reform the national service 
laws; which was ordered to lie on the table; as follows:

       On page 128, strike line 6 and insert the following:
       ``(b) Ineligible Organizations and Co-Located 
     Organizations.--
       ``(1) In general.--No assistance provided under this 
     subtitle may be provided to an organization described in 
     paragraph (2) (including for the participation under this 
     subtitle of a participant in an approved national service 
     position in activities conducted by such an organization) or 
     to an organization that is co-located on the same premises as 
     an organization described in paragraph (2).
       ``(2) Organizations.--The organization referred to in 
     paragraph (1) is an organization that provides or promotes 
     abortion services, including referral for such services.
       ``(c) Nondisplacement of Employed Workers
                                 ______
                                 
  SA 710. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 687 proposed by Ms. Mikulski (for herself and Mr. Isakson) 
to the bill H.R. 1388, to reauthorize and reform the national service 
laws; which was ordered to lie on the table; as follows:

       On page 128, strike line 6 and insert the following:
       ``(b) Ineligible Organizations and Co-Located 
     Organizations.--
       ``(1) In general.--No assistance provided under this 
     subtitle may be provided to an organization described in 
     paragraph (2) (including for the participation under this 
     subtitle of a participant in an approved national service 
     position in activities conducted by such an organization) or 
     to an organization that is co-located on the same premises as 
     an organization described in paragraph (2).
       ``(2) Organizations.--The organization referred to in 
     paragraph (1) is an organization that has been indicted for 
     voter fraud.
       ``(c) Nondisplacement of Employed Workers
                                 ______
                                 
  SA 711. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 687 proposed by Ms. Mikulski (for herself and Mr. Isakson) 
to the bill H.R. 1388, to reauthorize and reform the national service 
laws; which was ordered to lie on the table; as follows:

       On page 128, strike line 6 and insert the following:
       ``(b) Ineligible Organizations and Co-Located 
     Organizations.--
       ``(1) In general.--No assistance provided under this 
     subtitle may be provided to an organization described in 
     paragraph (2) (including for the participation under this 
     subtitle of a participant in an approved national service 
     position in activities conducted by such an organization) or 
     to an organization that is co-located on the same premises as 
     an organization described in paragraph (2).
       ``(2) Organizations.--The organization referred to in 
     paragraph (1) is a for-profit organization, political party, 
     labor organization, or organization engaged in political or 
     legislative advocacy.
       ``(c) Nondisplacement of Employed Workers
                                 ______
                                 
  SA 712. Mrs. SHAHEEN (for herself and Mr. Gregg) submitted an 
amendment intended to be proposed to amendment SA 687 proposed by Ms. 
Mikulski (for herself and Mr. Isakson) to the bill H.R. 1388, to 
reauthorize and reform the national service laws; as follows:

       In section 122 (a)(1)(B) of the National and Community 
     Service Act of 1990, as amended by section 1302 of the bill, 
     insert at the appropriate place the following:
       ``(__) providing skilled musicians and artists to promote 
     greater community unity through the use of music and arts 
     education and engagement through work in low-income 
     communities, and education, health care, and therapeutic 
     settings, and other work in the public domain with citizens 
     of all ages;''.
                                 ______
                                 
  SA 713. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 687 proposed by Ms. Mikulski (for herself and Mr. Isakson) 
to the bill H.R. 1388, to reauthorize and reform the national service 
laws; which was ordered to lie on the table; as follows:

       Subtitle H of title I is further amended by adding at the 
     end the following:

                 ``PART __--VOLUNTEER MANAGEMENT CORPS

     ``SEC. 198__. VOLUNTEER MANAGEMENT CORPS.

       ``(a) Findings.--Congress finds the following:
       ``(1) Many managers seek opportunities to give back to 
     their communities and address the Nation's challenges.
       ``(2) Managers possess business and technical skills that 
     make them especially suited to help nonprofit organizations 
     and Federal, State, and local governmental agencies create 
     efficiencies and cost savings, and develop programs to serve 
     communities in need.
       ``(3) There are currently a large number of companies and 
     firms that are seeking to identify savings through sabbatical 
     opportunities for senior employees.
       ``(b) Purpose.--The purpose of this section is to create a 
     Volunteer Management Corps for managers, in order to provide 
     managers with meaningful pro bono opportunities--
       ``(1) to apply their business and technical expertise to 
     nonprofit organizations and at the Federal, State, and local 
     government levels; and
       ``(2) to address the Nation's challenges.
       ``(c) Program Established.--
       ``(1) In general.--The Corporation shall establish a 
     Volunteer Management Corps program by assisting skilled 
     managers with demonstrated management experience or expertise 
     in finding meaningful volunteering opportunities to carry out 
     activities, as described in subsection (d).
       ``(2) Corporation's role.--In carrying out the Volunteer 
     Management Corps program, the Corporation may take steps to 
     facilitate the process of connecting skilled managers with 
     nonprofit organizations, and Federal, State, and local 
     governmental agencies, in need of the manager's skills, such 
     as--
       ``(A) recruiting individuals with demonstrated management 
     experience or expertise to volunteer as Volunteer Management 
     Corps members;
       ``(B) developing relationships with nonprofit organizations 
     and Federal, State, and local governmental agencies to assist 
     Corps members in connecting with such organizations and 
     agencies in need of the members' services;
       ``(C) approving the volunteering opportunities selected by 
     Corps members under subsection (d) as appropriate Volunteer 
     Management Corps activities; and
       ``(D) publicizing opportunities for Corps members at 
     nonprofit organizations and Federal, State, and local 
     governmental agencies, or otherwise assisting Corps members 
     in connecting with opportunities to carry out activities 
     described in subsection (d).
       ``(d) Corps Members.--
       ``(1) In general.--A Volunteer Management Corps member 
     shall select, subject to the Corporation's approval, a 
     nonprofit organization, or Federal, State, or local 
     governmental agency, with which to volunteer and carry out a 
     volunteering activity described in paragraph (2) with such 
     organization or agency.
       ``(2) Activities.--The activities carried out by Volunteer 
     Management Corps members may include the following:
       ``(A) Developing and carrying out a community service 
     project or program with a nonprofit organization, or Federal, 
     State, or local governmental agency.
       ``(B) Assisting a nonprofit organization, or Federal, 
     State, or local governmental agency, of the Corps member's 
     choice, in creating efficiencies and cost savings by using 
     the Corps member's expertise and skills.

[[Page S3805]]

       ``(C) Recruiting other individuals with demonstrated 
     management experience or expertise into pro bono service 
     opportunities with such organization or agency.''.
                                 ______
                                 
  SA 714. Mr. WARNER (for himself and Mr. Gregg) submitted an amendment 
intended to be proposed to amendment SA 687 proposed by Ms. Mikulski 
(for herself and Mr. Isakson) to the bill H.R. 1388, to reauthorize and 
reform the national service laws; which was ordered to lie on the 
table; as follows:

       On page 235, between lines 9 and 10, insert the following:

     SEC. 1713. VOLUNTEER MANAGEMENT CORPS STUDY.

       (a) Findings.--Congress finds the following:
       (1) Many managers seek opportunities to give back to their 
     communities and address the Nation's challenges.
       (2) Managers possess business and technical skills that 
     make them especially suited to help nonprofit organizations 
     and State and local governments create efficiencies and cost 
     savings and develop programs to serve communities in need.
       (3) There are currently a large number of businesses and 
     firms who are seeking to identify savings through sabbatical 
     opportunities for senior employees.
       (b) Study and Plan.--Not later than 6 months after the date 
     of enactment of this Act, the Corporation shall--
       (1) conduct a study on how best to establish and implement 
     a Volunteer Management Corps program; and
       (2) submit a plan regarding the establishment of such 
     program to Congress and to the President.
       (c) Consultation.--In carrying out the study described in 
     subsection (b)(1), the Corporation may consult with experts 
     in the private and nonprofit sectors.
       (d) Effective Date.--Notwithstanding section 6101, this 
     section shall take effect on the date of enactment of this 
     Act.
                                 ______
                                 
  SA 715. Mr. ENSIGN proposed an amendment to amendment SA 692 
submitted by Mr. Baucus (for himself and Mr. Grassley) to the amendment 
SA 687 proposed by Ms. Mikulski (for herself and Mr. Isakson) to the 
bill H.R. 1388, to reauthorize and reform the national service laws; as 
follows:

       On page 2, line 20, insert before the period the following: 
     ``which shall include crisis pregnancy centers, organizations 
     that serve battered women (including domestic violence 
     shelters), and organizations that serve victims of rape or 
     incest''. These organizations must be charities within the 
     meaning of the United States tax code.
                                 ______
                                 
  SA 716. Mr. THUNE proposed an amendment to amendment SA 687 proposed 
by Ms. Mikulski (for herself and Mr. Isakson) to the bill H.R. 1388, to 
reauthorize and reform the national service laws; as follows:

       At the appropriate place, insert the following:

     SEC. --. SENSE OF THE SENATE.

       (a) Findings.--The Senate finds the following:
       (1) President John F. Kennedy said, ``The raising of 
     extraordinarily large sums of money, given voluntarily and 
     freely by millions of our fellow Americans, is a unique 
     American tradition . . . Philanthropy, charity, giving 
     voluntarily and freely . . . call it what you like, but it is 
     truly a jewel of an American tradition''.
       (2) Americans gave more than $300,000,000,000 to charitable 
     causes in 2007, an amount equal to roughly 2 percent of the 
     gross domestic product.
       (3) The vast majority of those donations, roughly 75 
     percent or $229,000,000,000, came from individuals.
       (4) Studies have shown that Americans give far more to 
     charity than the people of any other industrialized nation--
     more than twice as much, measured as a share of gross 
     domestic product, than the citizens of Great Britain, and 10 
     times more than the citizens of France.
       (5) 7 out of 10 American households donate to charities to 
     support a wide range of religious, educational, cultural, 
     health care, and environmental goals.
       (6) These charities provide innumerable valuable public 
     services to society's most vulnerable citizens during 
     difficult economic times.
       (7) Congress has provided incentives through the Internal 
     Revenue Code of 1986 to encourage charitable giving by 
     allowing individuals to deduct income given to tax-exempt 
     charities.
       (8) 41,000,000 American households, constituting 86 percent 
     of taxpayers who itemize deductions, took advantage of this 
     deduction to give to the charities of their choice.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that Congress should preserve the full income tax deduction 
     for charitable contributions through the Internal Revenue 
     Code of 1986 and look for additional ways to encourage 
     charitable giving rather than to discourage it.
                                 ______
                                 
  SA 717. Ms. LANDRIEU proposed an amendment to amendment SA 687 
proposed by Ms. Mikulski (for herself and Mr. Isakson) to the bill H.R. 
1388, to reauthorize and reform the national service laws; as follows:

       On page 92, strike line 1 and insert the following:
       ``(H) A program that seeks to expand the number of mentors 
     for youth in foster care through--
       ``(i) the provision of direct academic mentoring services 
     for youth in foster care;
       ``(ii) the provision of supportive services to mentoring 
     service organizations that directly provide mentoring to 
     youth in foster care, including providing training of mentors 
     in child development, domestic violence, foster care, 
     confidentiality requirements, and other matters related to 
     working with youth in foster care; or
       ``(iii) supporting foster care mentoring partnerships, 
     including statewide and local mentoring partnerships that 
     strengthen direct service mentoring programs.
       ``(I) Such other national service programs
                                 ______
                                 
  SA 718. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill H.R. 1388, to reauthorize and reform the national 
service laws; which was ordered to lie on the table; as follows:

       In section 147(d) of the National and Community Service Act 
     of 1990, as added by section 1404, strike ``, for each of not 
     more than 2 of such terms of service,''.
                                 ______
                                 
  SA 719. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill H.R. 1388, to reauthorize and reform the national 
service laws; which was ordered to lie on the table; as follows:

       In subsection (c)(8)(B)(iii) of section 119 of the National 
     and Community Service Act of 1990, as added by section 1204, 
     strike ``of $500 or $750''.
       In section 147(d) of the National and Community Service Act 
     of 1990, as added by section 1404, strike ``equal to'' and 
     all that follows through the period and inserting the 
     following: ``equal to $1,000 (or, at the discretion of the 
     Chief Executive Officer, equal to $1,500 in the case of a 
     participant who is economically disadvantaged).''.
                                 ______
                                 
  SA 720. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 1388, to reauthorize and reform the 
national service laws; which was ordered to lie on the table; as 
follows:

       On page 183, between lines 2 and 3, insert the following:

     SEC. 1518. ADDITIONAL CAMPUS AND REPORTING REQUIREMENT.

       (a) Florida Campus.--The Director of the National Civilian 
     Community Corps under subtitle E of title I of the National 
     and Community Service Act of 1990 (42 U.S.C. 12611 et seq.) 
     shall establish a campus described in section 155 of such Act 
     (as amended by section 1505 of this Act) (42 U.S.C. 12615) 
     for such Corps in the State of Florida.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for the 
     establishment of the campus required under subsection (a).
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Corporation for National and 
     Community Service shall submit a report to Congress on the 
     effectiveness of the expansion of the National Civilian 
     Community Corps in addressing the effects of hurricanes and 
     tropical storms in the southern region of the United States.

                          ____________________