II

103D CONGRESS

1ST SESSION S. 1190

To require the Secretary of Health and Human Services to establish an

America Cares Program to provide for the establishment of demonstration projects for the provision of vouchers and cash contributions for

goods and services for homeless individuals, to provide technical assistance and public information, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 1 (legislative day, JUNE 30), 1993

Mr. BINGAMAN (for himself, Mrs. FEINSTEIN, and Mr. HARKIN) introduced

the following bill; which was read twice and referred to the Committee

on Labor and Human Resources

A BILL

To require the Secretary of Health and Human Services

to establish an America Cares Program to provide for

the establishment of demonstration projects for the provision of vouchers and cash contributions for goods and

services for homeless individuals, to provide technical

assistance and public information, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘America Cares Act’’.
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1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) up to 5,000,000 Americans are homeless;

4 (2) homeless Americans lack access to basic

5 goods and services;

6 (3) many Americans who are not homeless

7 would like to help the homeless meet their basic

8 needs;

9 (4) cash contributions, in response to one-to-one

10 requests on the street, are not always the most effec11 tive way to assist homeless persons in obtaining

12 food, clothing, and services;

13 (5) the Federal Government should facilitate

14 the desire of private persons to help the homeless;

15 (6) a successful model program, Berkeley

16 Cares, permits private persons and organizations to

17 purchase vouchers for homeless individuals for re18 demption for goods and services at participating

19 businesses and to make contributions to Berkeley

20 Cares to purchase vouchers for distribution by home21 less service providers; and

22 (7) such a program is viable on a National

23 level.

24 SEC. 3. PURPOSE.

25 It is the purpose of this Act—

26 (1) to establish the America Cares Program;
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1 (2) to coordinate public goodwill with the needs

2 of homeless individuals in a constructive manner;

3 (3) to assist homeless individuals to gain access

4 to basic goods and services;

5 (4) to encourage increased citizen understand6 ing of homelessness; and

7 (5) to increase public support of homeless serv8 ice programs.

9 SEC. 4. DEFINITIONS.

10 For the purposes of this Act:

11 (1) ELIGIBLE NONPROFIT ORGANIZATION.—The

12 term ‘‘eligible nonprofit organization’’ means a local

13 nonprofit entity—

14 (A) that is established or seeking establish15 ment (subject to approval) as an exempt organi16 zation as described in section 501(c)(3) of the

17 Internal Revenue Code of 1986; and

18 (B) that desires to establish a program in

19 a local area to—

20 (i) provide—

21 (I) vouchers to homeless individ22 uals; or

23 (II) cash contributions to partici24 pating homeless service providers to
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1 purchase vouchers to provide to home2 less individuals; and

3 (ii) conduct an educational program

4 concerning homelessness.

5 (2) HOMELESS INDIVIDUAL.—The term ‘‘home6 less individual’’ has the same meaning given the

7 term under section 103 of the Stewart B. McKinney

8 Homeless Assistance Act (42 U.S.C. 11302).

9 (3) HOMELESS SERVICE PROVIDERS.—The

10 term ‘‘homeless service providers’’ means nonprofit

11 entities that provide services to homeless individuals.

12 (4) PARTICIPATING RETAIL ESTABLISHMENT.—

13 The term ‘‘participating retail establishment’’ means

14 any retail establishment that is approved by an eligi15 ble nonprofit organization grantee under section

16 5(b)(11) to accept vouchers for the payment of

17 goods or services.

18 (5) PARTICIPATING HOMELESS SERVICE PRO19 VIDERS.—The term ‘‘participating homeless service

20 providers’’ means nonprofit entities that—

21 (A) provide services to homeless individ22 uals; and

23 (B) are approved by an eligible nonprofit

24 organization grantee under section 5(b)(12)—

25 (i) to receive cash contributions—
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1 (I) to purchase vouchers to pro2 vide to homeless individuals; or

3 (II) to use for the provision of

4 services to homeless individuals;

5 (ii) to receive vouchers provided under

6 section 5(a)(10) to provide to homeless in7 dividuals; or

8 (iii) to accept and redeem vouchers

9 from homeless individuals for the payment

10 of services.

11 (6) PROGRAM.—The term ‘‘Program’’ means

12 the America Cares Program established under sec13 tion 5(a).

14 (7) RETAIL ESTABLISHMENT.—The term ‘‘re15 tail establishment’’ means any retail establishment

16 offering goods or services for sale.

17 (8) SECRETARY.—The term ‘‘Secretary’’ means

18 the Secretary of the Health and Human Services.

19 (9) STATE.—The term ‘‘state’’ means each of

20 the several States of the United States and the Dis21 trict of Columbia.

22 SEC. 5. AMERICA CARES PROGRAM.

23 (a) ESTABLISHMENT.—The Secretary, in accordance

24 with this Act, shall establish and carry out a program to
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1 benefit homeless individuals in America, to be known as

2 the America Cares Program.

3 (b) DEMONSTRATION GRANTS.—

4 (1) IN GENERAL.—In carrying out the Program

5 established under subsection (a), the Secretary shall

6 award grants to not less than 60 eligible nonprofit

7 organizations to carry out demonstration projects

8 to—

9 (A) provide—

10 (i) vouchers to homeless individuals

11 under the program requirements in para12 graph (7)(A); or

13 (ii) provide vouchers to homeless indi14 viduals under the program requirements in

15 paragraph (7)(A) and cash contributions to

16 participating homeless service providers

17 under the program requirements in para18 graph (7)(B); and

19 (B) conduct an educational outreach pro20 gram within the community at large on home21 lessness and the voucher program.

22 (2) SPECIAL RULE.—In awarding grants under

23 paragraph (1), the Secretary shall award grants to

24 eligible nonprofit organizations that have the highest

25 likelihood of carrying out the purposes of this Act.
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1 (3) USE OF GRANT.—Grants awarded for the

2 establishment of demonstration projects under para3 graph (1) shall be used to cover the startup costs for

4 such projects.

5 (4) AMOUNT AND MATCHING REQUIREMENT.—

6 (A) AMOUNT.—A grant awarded under

7 this section shall be for an amount that is not

8 in excess of $60,000.

9 (B) MATCHING REQUIREMENT.—

10 (i) IN GENERAL.—The Secretary may

11 not make a grant to an eligible nonprofit

12 organization under this Act unless such or13 ganization agrees to make available non14 Federal contributions by private or local

15 government sources toward the cost of car16 rying out the program established with

17 amounts received under the grant in an

18 amount equal to at least 25 percent of the

19 amount of funds provided under the grant.

20 (ii) IN-KIND CONTRIBUTIONS.—The

21 non-Federal share of payments under

22 paragraph (1) may be in-kind, including

23 staff services.

24 (5) DISTRIBUTION AND ALLOCATIONS.—
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1 (A) GENERAL DISTRIBUTION.—The Sec2 retary shall award grants under paragraph (1)

3 through a method that ensures that such

4 awards are distributed to demonstration

5 projects that collectively establish—

6 (i) diverse program requirements with

7 respect to the categories for which vouch8 ers may be redeemed under paragraph

9 (7)(A)(ii); and

10 (ii) diverse program requirements with

11 respect to the methods through which

12 vouchers may be distributed under para13 graph (7)(A)(iv).

14 (B) ALLOCATIONS FOR PROJECTS IN A

15 STATE.—The Secretary shall ensure that not

16 less than one grant shall be awarded under

17 paragraph (1) in each State and the District of

18 Columbia to an eligible nonprofit organization

19 that submits an application under paragraph

20 (8) to receive financial assistance to carry out

21 any demonstration project described in para22 graph (1) in such State and the District of Co23 lumbia.

24 (6) DURATION.—A grant awarded under this

25 section shall not exceed 1 year.
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1 (7) PROGRAM REQUIREMENTS.—

2 (A) VOUCHERS FOR HOMELESS INDIVID3 UALS.—The Secretary may not award a grant

4 under this section to an eligible nonprofit orga5 nization that desires to provide vouchers to

6 homeless individuals unless such organization

7 agrees to the following:

8 (i) Create vouchers to provide to

9 homeless individuals under paragraph

10 (9)(A).

11 (ii) Permit vouchers to be redeemed

12 for at least one or more of the following

13 categories of goods and services:

14 (I) Food and personal hygiene

15 items.

16 (II) Food, personal hygiene

17 items, stamps, or other consumer

18 goods (except alcohol, tobacco, or por19 nography), and bus fare.

20 (III) Any goods and services (in21 cluding services provided by partici22 pating homeless providers) except al23 cohol, tobacco, or pornography.

24 (iii) Prohibit the use of vouchers for

25 gambling or gambling related purposes.
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1 (iv) Distribute vouchers to homeless

2 individuals through one or more of the fol3 lowing methods:

4 (I) Sell vouchers directly to retail

5 establishments that agree to sell such

6 vouchers to persons who desire to give

7 such vouchers to homeless individuals.

8 The eligible nonprofit organization

9 shall require such retail establish10 ments to make payment for such

11 vouchers on the date of delivery or not

12 later than 30 days from the date of

13 the sale of a voucher to a person.

14 (II) Sell vouchers directly to local

15 retail establishments and public enti16 ties, including the United States Post

17 Office and the Social Security Admin18 istration, that agree to sell such

19 vouchers to persons described in

20 subclause (I). The eligible nonprofit

21 organization shall require such retail

22 establishments and public entities to

23 make payment to such organization

24 for such vouchers as required by

25 subclause (I).
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1 (v) Approve applications submitted

2 under paragraph (11) or (12) by retail es3 tablishments or participating homeless

4 service providers that desire to accept and

5 redeem vouchers under the Program.

6 (B) CASH CONTRIBUTIONS FOR PARTICI7 PATING HOMELESS SERVICE PROVIDERS.—The

8 Secretary may not award a grant under this

9 section to an eligible nonprofit organization

10 that desires to provide cash contributions given

11 by the public to participating homeless service

12 providers unless such organization agrees to—

13 (i) allow one or more of the entities

14 described in subparagraph (A)(iv)—

15 (I) to accept such cash contribu16 tions; and

17 (II) not later than 45 days from

18 the receipt of such cash contributions,

19 to transfer such cash contributions to

20 such organization to be equitably dis21 tributed to participating homeless

22 service providers; and

23 (ii) approve applications submitted

24 under paragraph (12) by homeless service
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1 providers that desire to be provided cash

2 contributions under the Program.

3 (8) APPLICATION.—

4 (A) IN GENERAL.—To be eligible to receive

5 a grant under this section, an eligible nonprofit

6 organization shall prepare and submit to the

7 Secretary an application in such form, at such

8 time, and in accordance with such procedures

9 as the Secretary shall establish.

10 (B) ASSURANCES.—Each application sub11 mitted under subparagraph (A) shall provide

12 assurances that an eligible nonprofit organiza13 tion will meet the applicable program require14 ments under paragraph (7).

15 (9) CREATION, DISTRIBUTION, PURCHASE AND

16 USE OF VOUCHERS.—

17 (A) CREATION AND DISTRIBUTION.—An

18 eligible nonprofit organization grantee that car19 ries out a demonstration project under this sec20 tion shall create the vouchers that are to be

21 provided to homeless individuals through the

22 demonstration project. Such grantee shall make

23 such vouchers available for sale to the public in

24 accordance with the program requirements

25 under paragraph (7)(A)(iv). Vouchers shall be
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1 simple in design and shall include only such

2 words or illustrations as are required to explain

3 the purpose of the vouchers and define the de4 nomination of the vouchers. The name of any

5 public official shall not appear on the vouchers.

6 (B) PURCHASE.—A person may purchase a

7 voucher distributed under subparagraph (A)

8 and may give such voucher to a homeless indi9 vidual or to a participating homeless service

10 provider to provide to homeless individuals.

11 (C) USE BY HOMELESS INDIVIDUALS.—

12 (i) IN GENERAL.—An eligible non13 profit organization shall permit, in accord14 ance with the program requirements under

15 subparagraph (A)(ii) of paragraph (7), the

16 appropriate retail use of vouchers by home17 less individuals, subject to the limitations

18 under such subparagraph.

19 (ii) PRICES.—Nothing in this Act

20 shall be construed as authorizing the Sec21 retary to specify the prices at which goods

22 or services may be sold by participating re23 tail establishments or participating home24 less service providers, except that the par25 ticipating retail establishments or partici-
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1 pating homeless service providers may nei2 ther charge a higher price for goods or

3 services purchased with vouchers nor

4 charge a fee for accepting vouchers.

5 (iii) CASH VALUE.—

6 (I) IN GENERAL.—Subject to

7 subclause (III), vouchers shall not be

8 redeemable for cash and shall have no

9 cash value.

10 (II) CHANGE FOR PURCHASES

11 WITH VOUCHERS.—A homeless indi12 vidual using a voucher or vouchers to

13 purchase a good or service shall not

14 receive cash as change if the amount

15 of a purchase is less than the value of

16 the voucher or vouchers.

17 (III) CHANGE FOR PURCHASES

18 WITH VOUCHERS AND CASH.—A

19 homeless individual using a voucher

20 and cash, or vouchers and cash, to

21 purchase a good or service shall not

22 receive cash as change from the pur23 chase, except that such change may

24 be received if the amount of the cash
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1 used exceeds the amount of such

2 voucher or vouchers.

3 (10) ELIGIBILITY FOR RECEIPT OF VOUCH4 ERS.—Persons purchasing vouchers may provide the

5 vouchers to homeless individuals, or to participating

6 homeless service providers to provide to homeless in7 dividuals, on a discretionary basis.

8 (11) PARTICIPATING RETAIL ESTABLISH9 MENTS.—

10 (A) APPLICATIONS.—Regulations issued

11 pursuant to this Act shall provide for the sub12 mission of applications to eligible nonprofit or13 ganization grantees by retail establishments

14 that desire to accept and redeem vouchers

15 under the Program.

16 (B) APPROVAL.—In considering an appli17 cation submitted under subparagraph (A), the

18 eligible nonprofit organization grantee shall

19 consider—

20 (i) the nature and extent of the busi21 ness conducted by the applicant and the

22 extent to which the applicant can provide

23 goods and services;

24 (ii) the business integrity and reputa25 tion of the applicant; and
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1 (iii) any other factors the Secretary

2 may prescribe by regulation.

3 (C) CERTIFICATE OF APPROVAL.—On ap4 proval of an applicant under this paragraph,

5 the eligible nonprofit organization grantee shall

6 issue the applicant a nontransferable certificate

7 of approval.

8 (12) PARTICIPATING HOMELESS SERVICE PRO9 VIDERS.—

10 (A) APPLICATIONS.—Regulations issued

11 pursuant to this Act shall provide for the sub12 mission of applications to eligible nonprofit or13 ganization grantees by homeless service provid14 ers that desire—

15 (i) to receive cash contributions

16 (I) to purchase vouchers to be

17 provided to homeless individuals; or

18 (II) to be used for the provision

19 of services to homeless individuals;

20 (ii) to receive vouchers provided by

21 persons described in paragraph (10) to be

22 provided to homeless individuals; or

23 (iii) to accept and redeem vouchers

24 from homeless individuals for the payment

25 of services.
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1 (B) APPROVAL.—In considering an appli2 cation submitted under subparagraph (A), the

3 eligible nonprofit organization grantee shall

4 consider any factors the Secretary may pre5 scribe by regulation.

6 (C) CERTIFICATE OF APPROVAL.—On ap7 proval of an applicant under this paragraph,

8 the eligible nonprofit organization grantee shall

9 issue the applicant a nontransferable certificate

10 of approval.

11 (13) REDEMPTION OF VOUCHERS.—Regulations

12 issued pursuant to this Act shall provide for the re13 demption of vouchers accepted by participating retail

14 establishments or participating homeless service pro15 viders.

16 (c) TECHNICAL ASSISTANCE AND PUBLIC AWARE17 NESS.—

18 (1) ASSISTANCE.—The Secretary is authorized

19 to enter into contracts with entities that carry out

20 programs that are—

21 (A) in existence on the date on which the

22 Secretary and the entity enter into the contract;

23 (B) similar to the demonstration projects

24 described in subsection (b)(1); and
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1 (C) able to provide support and follow up

2 assistance to grantees from such grantees’

3 startup phase through such grantees’ final re4 porting under section 6(b),

5 to provide technical assistance to eligible nonprofit

6 organizations to assist such organizations in carry7 ing out the purposes of this Act.

8 (2) AWARENESS.—The Secretary shall inform

9 the public of the location of local demonstration

10 projects that are established by an eligible nonprofit

11 organization grantee under this Act.

12 (d) REGULATIONS.—The Secretary shall issue such

13 regulations consistent with this Act as the Secretary con14 siders necessary or appropriate for the effective and effi15 cient administration of the Program.

16 (e) FINES AGAINST UNAUTHORIZED THIRD PARTIES

17 THAT ACCEPT VOUCHERS.—The Secretary may impose a

18 fine against any person not approved by an eligible non19 profit organization grantee to accept vouchers and who

20 violates any provision of this Act, including violations con21 cerning the acceptance of vouchers. The amount of any

22 such fine shall be established by the Secretary and may

23 be assessed and collected in accordance with regulations

24 issued under this Act separately, or in combination, with

25 any fiscal claim established by the Secretary. The Attor-
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1 ney General may institute judicial action in any court of

2 competent jurisdiction against the person to collect the

3 fine.

4 SEC. 6. REPORTS.

5 (a) CONGRESSIONAL.—Not later than 1 year after

6 the establishment of the Program, the Secretary shall pre7 pare and submit to Congress a report evaluating the Pro8 gram. Such report shall include the following:

9 (1) The number of participating retail establish10 ments, listed according to the type of goods or serv11 ices provided.

12 (2) The number of vouchers sold and redeemed,

13 broken down by geographic area.

14 (3)(A) A determination of the eligible nonprofit

15 organization grantees that are successful in carrying

16 out demonstration projects under this Act.

17 (B) With respect to each such eligible nonprofit

18 organization grantee that is determined to be suc19 cessful under subparagraph (A), a description of—

20 (i) the categories of goods and services for

21 which the grantee permits vouchers to be re22 deemed under section 5(b)(7)(A)(ii); and

23 (ii) the methods used by the grantee to

24 distribute vouchers under subparagraph (A)(iv)

25 of section 5(b)(7).
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1 (C) A recommendation on the categories de2 scribed in subparagraph (B)(i) and the methods de3 scribed in subparagraph (B)(ii) that would be opti4 mal for use by an entity to carry out a voucher

5 program.

6 (4) A description of the impact of the Program

7 on other programs designed to meet the needs of

8 homeless individuals, including the Stewart B.

9 McKinney Homeless Assistance Act (Public Law

10 100–77) and amendments made by such Act.

11 (5) A description of the demographic impact of

12 the Program on homeless individuals in America.

13 (b) SECRETARY.—Not later than 1 year after the re14 ceipt of a grant award under section 5(b)(1) to carry out

15 a demonstration project under this Act, an eligible non16 profit organization shall prepare and submit to the Sec17 retary a report evaluating the demonstration project, as

18 described under section 5(b)(1). Such report shall include

19 a description of how such organization will continue to

20 carry out its program to provide vouchers for homeless

21 individuals or homeless individuals and participating

22 homeless service providers.
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1 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated such sums

3 as may be necessary to carry out this Act for fiscal year

4 1994 and each of the subsequent fiscal years.

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