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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4302 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 4302

 To utilize national service programs to directly respond to the novel 
                coronavirus disease (COVID-19) outbreak.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 23, 2020

Mr. Young (for himself and Mr. Cassidy) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
 To utilize national service programs to directly respond to the novel 
                coronavirus disease (COVID-19) outbreak.

    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 ``Volunteers in Contract Tracing or 
Recovery Act'' or the ``VICTORY Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to utilize national service programs to 
directly respond to the novel coronavirus disease (COVID-19) outbreak 
declared as a national emergency by President Trump.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) National service members and volunteers in the United 
        States are a critical part of addressing the COVID-19 outbreak, 
        including response activities related to health, education, 
        nutrition, and infrastructure.
            (2) In accordance with section 177 of the National and 
        Community Service Act of 1990 (42 U.S.C. 12637), national 
        service members and volunteers should never displace workers 
        from employment in the United States.
            (3) All volunteer activities should be carried out in a 
        manner that complies with applicable privacy laws and laws 
        relating to the protection of personal information.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) CNCS terms.--The terms ``approved national service 
        position'', ``Corporation'', ``Indian tribe'', ``national 
        service laws'', and ``territory'' have the meaning given those 
        terms in section 101 of the National and Community Service Act 
        of 1990 (42 U.S.C. 12511).
            (2) VISTA terms.--The terms ``VISTA'' and ``VISTA 
        volunteer'' have the meaning given those terms in section 421 
        of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5061)
            (3) Eligible activity.--The term ``eligible activity'' 
        means--
                    (A) any activity directly related to the 
                coronavirus pandemic emergency response that 
                prioritizes public health needs, such as contact 
                tracing; and
                    (B) any other activity directly related to the 
                coronavirus pandemic emergency response and recovery, 
                which may include tutoring, delivering meals, or other 
                activities.
            (4) National emergency.--The term ``national emergency'' 
        means--
                    (A) a public health emergency declared by the 
                Secretary of Health and Human Services pursuant to 
                section 319 of the Public Health Service Act (42 U.S.C. 
                247d);
                    (B) an event for which the President declared a 
                major disaster or an emergency under section 401 or 
                501, respectively, of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5170 and 
                5191); or
                    (C) a national emergency declared by the President 
                under section 201 of the National Emergencies Act (50 
                U.S.C. 1601 et seq.).

SEC. 5. FLEXIBILITY FOR EXISTING GRANTS.

    (a) National Emergency.--An entity receiving financial assistance 
from a program authorized under the National and Community Service Act 
of 1990 (42 U.S.C. 12501 et seq.) or the Domestic Volunteer Service Act 
of 1973 (42 U.S.C. 4950 et seq.), including subgrant funds, that are 
appropriated for fiscal year 2020 or a subsequent fiscal year (referred 
to in this Act as ``eligible funds'') may modify the purposes of the 
grant or subgrant and the activities carried out under the grant or 
subgrant in order to carry out activities to respond to a national 
emergency.
    (b) Flexibility During Non-Emergency Times.--
            (1) In general.--An entity receiving eligible funds may 
        modify the purposes of the grant or subgrant and the activities 
        carried out under the grant or subgrant during a time that is 
        not a national emergency if the entity submits a plan and the 
        plan is approved in accordance with this subsection.
            (2) Approval required for subgrant recipients.--In the case 
        of an entity that receives eligible funds as a subgrant that 
        desires to modify the purposes of the subgrant and the 
        activities carried out under the subgrant, the subgrant 
        recipient may carry out such modification only after receiving 
        approval from the relevant entity that disburses funds for and 
        oversees the subgrant.
            (3) Plan required.--In the case of an entity that receives 
        eligible funds as a grant that desires to modify the purposes 
        of the grant and the activities carried out under the grant, 
        the entity shall submit a plan to the Corporation. The plan 
        shall include each of the following, with respect to each 
        project that the entity desires to modify:
                    (A) A description of the existing project scheduled 
                to be carried out using the eligible funds.
                    (B) A description of how the existing project is no 
                longer relevant or is overly burdensome.
                    (C) A description of the phase down plan that 
                involves--
                            (i) incrementally decreasing the existing 
                        project activity to terminate the project; or
                            (ii) modifying the project and using 
                        significantly less eligible funding.
                    (D) A description of the planned new use of 
                eligible funds and an explanation of how those 
                activities are needed.
                    (E) A description of how the entity will evaluate 
                the modified project and how outcomes will be measured 
                for the new activities carried out using eligible 
                funds, including the evidence that will be required, if 
                applicable.
            (4) Approval process.--As expeditiously as practicable 
        after receipt of a plan under paragraph (3), the Corporation 
        shall review the plan and issue an approval or denial notice to 
        the entity that submitted the plan. Upon approval of a plan 
        under paragraph (3), the evaluation requirements and other 
        requirements that applied to a project before termination or 
        modification shall be waived and the entity may use the 
        remaining eligible funds to carry out the activities described 
        in the plan.

SEC. 6. APPROVED NATIONAL SERVICE POSITIONS AUTHORIZED.

    (a) Funds Appropriated.--There are authorized to be appropriated 
not less than $825,000,000 to carry out this section.
    (b) Distribution of Funds.--
            (1) In general.--Of the funds made available to carry out 
        this section, the Corporation shall determine the amount of 
        funding necessary for eligible programs assisted under subtitle 
        C and D of title I of the National and Community Service Act of 
        1990 (42 U.S.C. 12571), programs assisted under the Volunteers 
        in Service to America (VISTA) program established under part A 
        of title I of the Domestic Volunteer Service Act of 1973 (42 
        U.S.C. 4951 et seq.), and eligible programs that are assisted 
        under subtitle E of title I of the National and Community 
        Service Act of 1990 (42 U.S.C. 12611).
            (2) Americorps.--Of the funds made available to carry out 
        eligible programs assisted under subtitle C and D of title I of 
        the National and Community Service Act of 1990 (42 U.S.C. 
        12571), 1 percent of funds shall be reserved for Indian tribes, 
        1 percent of funds shall be reserved for territories, and 35.3 
        percent of funds shall be allocated to States, the District of 
        Columbia, and the Commonwealth of Puerto Rico in an amount that 
        bears the same ratio to the remaining funds as the population 
        of the State, the District of Columbia, or the Commonwealth of 
        Puerto Rico bears to the total population of the several 
        States, the District of Columbia, and the Commonwealth of 
        Puerto Rico.
            (3) VISTA.--Of the funds made available to carry out the 
        Volunteers in Service to America (VISTA) program established 
        under part A of title I of the Domestic Volunteer Service Act 
        of 1973 (42 U.S.C. 4951 et seq.), the Corporation shall, to the 
        extent practicable, endeavor to award funds to States, the 
        District of Columbia, and the Commonwealth of Puerto Rico in an 
        amount that bears the same ratio to such available funds as the 
        population of the State, the District of Columbia, or the 
        Commonwealth of Puerto Rico bears to the total population of 
        the several States, the District of Columbia, and the 
        Commonwealth of Puerto Rico.
    (c) Approved National.--Before the date that is 3 years after the 
date of enactment of this Act, the Corporation shall increase the 
number of approved national service positions by 55,000. Those 
additional approved national service positions shall be allocated as 
follows:
            (1) 48,000 approved national service positions shall be 
        made available for eligible programs assisted under subtitle C 
        of title I of the National and Community Service Act of 1990 
        (42 U.S.C. 12571);
            (2) 6,000 approved national service positions shall be made 
        available for eligible programs assisted under the Volunteers 
        in Service to America (VISTA) program established under part A 
        of title I of the Domestic Volunteer Service Act of 1973 (42 
        U.S.C. 4951 et seq.); and
            (3) 1,000 approved national service positions shall be made 
        available for eligible programs for individuals who will deploy 
        to regions across the United States based on emergency need 
        through eligible programs that are assisted under subtitle E of 
        title I of the National and Community Service Act of 1990 (42 
        U.S.C. 12611).
    (d) Redistribution.--In the case of a State that does not want to 
accept additional approved national service positions in accordance 
with this section, such positions shall be reallocated evenly to the 
remainder of States accepting such additional positions.
    (e) Eligible Programs.--In this section, the term ``eligible 
program'' means a national service program under subtitle C or subtitle 
E of title I of the National and Community Service Act of 1990 (42 
U.S.C. 12571 et seq; 42 U.S.C. 12611 et seq.) or part A of title I of 
the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.), as 
the case may be.
    (f) Priority.--In allocating approved national service positions 
under this section, the Corporation shall give priority to eligible 
programs that are carrying out eligible activities.
    (g) Approved National Service Position Benefits.--An individual in 
an approved national service position established under this section 
shall have the same benefits as an individual in an approved national 
service position established under the National and Community Service 
Act of 1990 (42 U.S.C. 12501 et seq.).

SEC. 7. VISTA WAIVER AUTHORITY.

    Notwithstanding section 108 of the Domestic Volunteer Service Act 
of 1973 (42 U.S.C. 4958), in order to address the needs of underserved 
communities during the COVID-19 pandemic, not more than 75 percent of 
funds appropriated under section 501 of that Act to carry out part A of 
title I of that Act may be obligated for the direct cost of supporting 
VISTA volunteers in programs and projects, including new programs and 
projects, carried out pursuant to grants or contracts made under part A 
of title I of that Act, and such funds may be obligated without 
competition regardless of when grant recipients commenced such programs 
and projects.

SEC. 8. INCREASED COORDINATION.

    The Corporation shall ensure that recipients of funds under the 
national service laws--
            (1) that are carrying out health related services, have 
        coordinated with the appropriate State and local health 
        departments; and
            (2) that are carrying out other eligible activities, have 
        coordinated with the appropriate Federal agencies, which may 
        include the Centers for Disease Control and Prevention, the 
        Department of Health and Human Services, the Federal Emergency 
        Management Agency, the Department of Labor, the Department of 
        Education, or another relevant Federal agency, to ensure 
        continuity in coronavirus response and recovery activities and 
        to ensure the eligible activities are carried out in a manner 
        that is aligned with the work of Federal agencies.

SEC. 9. NCCC SEASON OF SERVICE.

    Notwithstanding section 154 of the National and Community Service 
Act of 1990 (42 U.S.C. 12614), during the period of national emergency 
related to the novel coronavirus (COVID-19), the Corporation may carry 
out a pilot program through which the summer national service program 
carried out under such section may be modified in order to carry out 
eligible activities that--
            (1) take place during any months of the year; and
            (2) include individuals aged 18 through 26 years to serve 
        in short term periods of service under that program.

SEC. 10. MATCH WAIVER.

    Notwithstanding any other provision of law, an entity that receives 
assistance from the Corporation for any program under the national 
service laws (including a State Commission and an entity receiving 
subgrant funds) during the COVID-19 emergency response and recovery 
period (which period shall be determined by the Corporation) shall not 
be subject to any requirements to provide matching funds for any such 
program, and the Federal share of such assistance for a recipient 
(including for a State Commission and a subgrant recipient) may be 100 
percent.

SEC. 11. INCREASE IN LIMITATION ON GRANT AMOUNTS DURING COVID-19 
              EMERGENCY RESPONSE AND RECOVERY PERIOD.

    Notwithstanding the limits described in sections 189(a) and 189(e) 
of the National and Community Service Act of 1990 (42 U.S.C. 12645c) or 
any other limitation imposed by the Corporation, during the COVID-19 
emergency response and recovery period (which period shall be 
determined by the Corporation), the Corporation may award additional 
funds on a grant to operate a program authorized under the national 
service laws.

SEC. 12. AUGMENTATION AND EXPANSION GRANTS.

    Notwithstanding any other provision of law, during the COVID-19 
emergency response and recovery period (which period shall be 
determined by the Corporation), the Corporation may award 
noncompetitive augmentation and expansion grants under the national 
service laws, at such time and in such manner, and from such funds as 
the Corporation determines appropriate.
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