I
103D CONGRESS
1ST SESSION
H. R. 2930
To require the Secretary of Health and Human Services to establish an
America Cares Program to provide for the establishment of demonstra-
tion projects for the provision of vouchers and cash contributions for
goods and services for homeless individuals, to provide technical assist-
ance and public information, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 6, 1993
Mr. DELLUMS introduced the following bill; which was referred jointly to the
Committees on Agriculture and Energy and Commerce
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 provi-
sion of vouchers and cash contributions for goods and
services for homeless individuals, to provide technical
assistance and public information, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘America Cares Act’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) up to 5,000,000 Americans are homeless;
(2) homeless Americans lack access to basic
goods and services;
(3) many Americans who are not homeless
would like to help the homeless meet their basic
needs;
(4) cash contributions, in response to one-to-one
requests on the street, are not always the most effec-
tive way to assist homeless persons in obtaining
food, clothing, and services;
(5) the Federal Government should facilitate
the desire of private persons to help the homeless;
(6) a successful model program, Berkeley
Cares, permits private persons and organizations to
purchase vouchers for homeless individuals for re-
demption for goods and services at participating
businesses and to make contributions to Berkeley
Cares to purchase vouchers for distribution by home-
less service providers; and
(7) such a program is viable on a National
level.
SEC. 3. PURPOSE.
It is the purpose of this Act—
(1) to establish the America Cares Program;
(2) to coordinate public goodwill with the needs
of homeless individuals in a constructive manner;
(3) to assist homeless individuals to gain access
to basic goods and services;
(4) to encourage increased citizen understand-
ing of homelessness; and
(5) to increase public support of homeless serv-
ice programs.
SEC. 4. DEFINITIONS.
For the purposes of this Act:
(1) ELIGIBLE NONPROFIT ORGANIZATION.—The
term ‘‘eligible nonprofit organization’’ means a local
nonprofit entity—
(A) that is established or seeking establish-
ment (subject to approval) as an exempt organi-
zation as described in section 501(c)(3) of the
Internal Revenue Code of 1986; and
(B) that desires to establish a program in
a local area to—
(i) provide—
(I) vouchers to homeless individ-
uals; or
(II) cash contributions to partici-
pating homeless service providers to
purchase vouchers to provide to home-
less individuals; and
(ii) conduct an educational program
concerning homelessness.
(2) HOMELESS INDIVIDUAL.—The term ‘‘home-
less individual’’ has the same meaning given the
term under section 103 of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11302).
(3) 
HOMELESS
SERVICE
PROVIDERS.—The
term ‘‘homeless service providers’’ means nonprofit
entities that provide services to homeless individuals.
(4) PARTICIPATING RETAIL ESTABLISHMENT.—
The term ‘‘participating retail establishment’’ means
any retail establishment that is approved by an eligi-
ble nonprofit organization grantee under section
5(b)(11) to accept vouchers for the payment of
goods or services.
(5) PARTICIPATING
HOMELESS
SERVICE
PRO-
VIDERS.—The term ‘‘participating homeless service
providers’’ means nonprofit entities that—
(A) provide services to homeless individ-
uals; and
(B) are approved by an eligible nonprofit
organization grantee under section 5(b)(12)—
(i) to receive cash contributions—
(I) to purchase vouchers to pro-
vide to homeless individuals; or
(II) to use for the provision of
services to homeless individuals;
(ii) to receive vouchers provided under
section 5(a)(10) to provide to homeless in-
dividuals; or
(iii) to accept and redeem vouchers
from homeless individuals for the payment
of services.
(6) PROGRAM.—The term ‘‘Program’’ means
the America Cares Program established under sec-
tion 5(a).
(7) RETAIL ESTABLISHMENT.—The term ‘‘re-
tail establishment’’ means any retail establishment
offering goods or services for sale.
(8) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Health and Human Services.
(9) STATE.—The term ‘‘state’’ means each of
the several States of the United States and the Dis-
trict of Columbia.
SEC. 5. AMERICA CARES PROGRAM.
(a) ESTABLISHMENT.—The Secretary, in accordance
with this Act, shall establish and carry out a program to
benefit homeless individuals in America, to be known as
the America Cares Program.
(b) DEMONSTRATION GRANTS.—
(1) IN GENERAL.—In carrying out the Program
established under subsection (a), the Secretary shall
award grants to not less than 60 eligible nonprofit
organizations to carry out demonstration projects
to—
(A) provide—
(i) vouchers to homeless individuals
under the program requirements in para-
graph (7)(A); or
(ii) provide vouchers to homeless indi-
viduals under the program requirements in
paragraph (7)(A) and cash contributions to
participating homeless service providers
under the program requirements in para-
graph (7)(B); and
(B) conduct an educational outreach pro-
gram within the community at large on home-
lessness and the voucher program.
(2) SPECIAL RULE.—In awarding grants under
paragraph (1), the Secretary shall award grants to
eligible nonprofit organizations that have the highest
likelihood of carrying out the purposes of this Act.
(3) USE OF GRANT.—Grants awarded for the
establishment of demonstration projects under para-
graph (1) shall be used to cover the startup costs for
such projects.
(4) AMOUNT AND MATCHING REQUIREMENT.—
(A) AMOUNT.—A grant awarded under
this section shall be for an amount that is not
in excess of $60,000.
(B) MATCHING REQUIREMENT.—
(i) IN GENERAL.—The Secretary may
not make a grant to an eligible nonprofit
organization under this Act unless such or-
ganization agrees to make available non-
Federal contributions by private or local
government sources toward the cost of car-
rying out the program established with
amounts received under the grant in an
amount equal to at least 25 percent of the
amount of funds provided under the grant.
(ii) IN-KIND
CONTRIBUTIONS.—The
non-Federal share of payments under
paragraph (1) may be in-kind, including
staff services.
(5) DISTRIBUTION AND ALLOCATIONS.—
(A) GENERAL
DISTRIBUTION.—The Sec-
retary shall award grants under paragraph (1)
through a method that ensures that such
awards 
are 
distributed 
to 
demonstration
projects that collectively establish—
(i) diverse program requirements with
respect to the categories for which vouch-
ers may be redeemed under paragraph
(7)(A)(ii); and
(ii) diverse program requirements with
respect to the methods through which
vouchers may be distributed under para-
graph (7)(A)(iv).
(B) ALLOCATIONS
FOR
PROJECTS
IN
A
STATE.—The Secretary shall ensure that not
less than one grant shall be awarded under
paragraph (1) in each State and the District of
Columbia to an eligible nonprofit organization
that submits an application under paragraph
(8) to receive financial assistance to carry out
any demonstration project described in para-
graph (1) in such State and the District of Co-
lumbia.
(6) DURATION.—A grant awarded under this
section shall not exceed 1 year.
(7) PROGRAM REQUIREMENTS.—
(A) VOUCHERS
FOR
HOMELESS
INDIVID-
UALS.—The Secretary may not award a grant
under this section to an eligible nonprofit orga-
nization that desires to provide vouchers to
homeless individuals unless such organization
agrees to the following:
(i) Create vouchers to provide to
homeless 
individuals 
under 
paragraph
(9)(A).
(ii) Permit vouchers to be redeemed
for at least one or more of the following
categories of goods and services:
(I) Food and personal hygiene
items.
(II) 
Food, 
personal 
hygiene
items, stamps, or other consumer
goods (except alcohol, tobacco, or por-
nography), and bus fare.
(III) Any goods and services (in-
cluding services provided by partici-
pating homeless providers) except al-
cohol, tobacco, or pornography.
(iii) Prohibit the use of vouchers for
gambling or gambling related purposes.
(iv) Distribute vouchers to homeless
individuals through one or more of the fol-
lowing methods:
(I) Sell vouchers directly to retail
establishments that agree to sell such
vouchers to persons who desire to give
such vouchers to homeless individuals.
The eligible nonprofit organization
shall require such retail establish-
ments to make payment for such
vouchers on the date of delivery or not
later than 30 days from the date of
the sale of a voucher to a person.
(II) Sell vouchers directly to local
retail establishments and public enti-
ties, including the United States Post
Office and the Social Security Admin-
istration, that agree to sell such
vouchers to persons described in
subclause (I). The eligible nonprofit
organization shall require such retail
establishments and public entities to
make payment to such organization
for such vouchers as required by
subclause (I).
(v) Approve applications submitted
under paragraph (11) or (12) by retail es-
tablishments or participating homeless
service providers that desire to accept and
redeem vouchers under the Program.
(B) CASH CONTRIBUTIONS FOR PARTICI-
PATING HOMELESS SERVICE PROVIDERS.—The
Secretary may not award a grant under this
section to an eligible nonprofit organization
that desires to provide cash contributions given
by the public to participating homeless service
providers unless such organization agrees to—
(i) allow one or more of the entities
described in subparagraph (A)(iv)—
(I) to accept such cash contribu-
tions; and
(II) not later than 45 days from
the receipt of such cash contributions,
to transfer such cash contributions to
such organization to be equitably dis-
tributed to participating homeless
service providers; and
(ii) approve applications submitted
under paragraph (12) by homeless service
providers that desire to be provided cash
contributions under the Program.
(8) APPLICATION.—
(A) IN GENERAL.—To be eligible to receive
a grant under this section, an eligible nonprofit
organization shall prepare and submit to the
Secretary an application in such form, at such
time, and in accordance with such procedures
as the Secretary shall establish.
(B) ASSURANCES.—Each application sub-
mitted under subparagraph (A) shall provide
assurances that an eligible nonprofit organiza-
tion will meet the applicable program require-
ments under paragraph (7).
(9) CREATION, DISTRIBUTION, PURCHASE AND
USE OF VOUCHERS.—
(A) CREATION
AND
DISTRIBUTION.—An
eligible nonprofit organization grantee that car-
ries out a demonstration project under this sec-
tion shall create the vouchers that are to be
provided to homeless individuals through the
demonstration project. Such grantee shall make
such vouchers available for sale to the public in
accordance with the program requirements
under paragraph (7)(A)(iv). Vouchers shall be
simple in design and shall include only such
words or illustrations as are required to explain
the purpose of the vouchers and define the de-
nomination of the vouchers. The name of any
public official shall not appear on the vouchers.
(B) PURCHASE.—A person may purchase a
voucher distributed under subparagraph (A)
and may give such voucher to a homeless indi-
vidual or to a participating homeless service
provider to provide to homeless individuals.
(C) USE BY HOMELESS INDIVIDUALS.—
(i) IN
GENERAL.—An eligible non-
profit organization shall permit, in accord-
ance with the program requirements under
subparagraph (A)(ii) of paragraph (7), the
appropriate retail use of vouchers by home-
less individuals, subject to the limitations
under such subparagraph.
(ii) PRICES.—Nothing in this Act
shall be construed as authorizing the Sec-
retary to specify the prices at which goods
or services may be sold by participating re-
tail establishments or participating home-
less service providers, except that the par-
ticipating retail establishments or partici-
pating homeless service providers may nei-
ther charge a higher price for goods or
services purchased with vouchers nor
charge a fee for accepting vouchers.
(iii) CASH VALUE.—
(I) IN
GENERAL.—Subject to
subclause (III), vouchers shall not be
redeemable for cash and shall have no
cash value.
(II) CHANGE
FOR
PURCHASES
WITH
VOUCHERS.—A homeless indi-
vidual using a voucher or vouchers to
purchase a good or service shall not
receive cash as change if the amount
of a purchase is less than the value of
the voucher or vouchers.
(III) CHANGE
FOR
PURCHASES
WITH
VOUCHERS
AND
CASH.—A
homeless individual using a voucher
and cash, or vouchers and cash, to
purchase a good or service shall not
receive cash as change from the pur-
chase, except that such change may
be received if the amount of the cash
used exceeds the amount of such
voucher or vouchers.
(10) ELIGIBILITY
FOR
RECEIPT
OF
VOUCH-
ERS.—Persons purchasing vouchers may provide the
vouchers to homeless individuals, or to participating
homeless service providers to provide to homeless in-
dividuals, on a discretionary basis.
(11) 
PARTICIPATING
RETAIL
ESTABLISH-
MENTS.—
(A) APPLICATIONS.—Regulations issued
pursuant to this Act shall provide for the sub-
mission of applications to eligible nonprofit or-
ganization grantees by retail establishments
that desire to accept and redeem vouchers
under the Program.
(B) APPROVAL.—In considering an appli-
cation submitted under subparagraph (A), the
eligible nonprofit organization grantee shall
consider—
(i) the nature and extent of the busi-
ness conducted by the applicant and the
extent to which the applicant can provide
goods and services;
(ii) the business integrity and reputa-
tion of the applicant; and
(B) APPROVAL.—In considering an appli-
cation submitted under subparagraph (A), the
eligible nonprofit organization grantee shall
consider any factors the Secretary may pre-
scribe by regulation.
(C) CERTIFICATE OF APPROVAL.—On ap-
proval of an applicant under this paragraph,
the eligible nonprofit organization grantee shall
issue the applicant a nontransferable certificate
of approval.
(13) REDEMPTION OF VOUCHERS.—Regulations
issued pursuant to this Act shall provide for the re-
demption of vouchers accepted by participating retail
establishments or participating homeless service pro-
viders.
(c) TECHNICAL ASSISTANCE AND PUBLIC AWARE-
NESS.—
(1) ASSISTANCE.—The Secretary is authorized
to enter into contracts with entities that carry out
programs that are—
(A) in existence on the date on which the
Secretary and the entity enter into the contract;
(B) similar to the demonstration projects
described in subsection (b)(1); and
(C) able to provide support and follow up
assistance to grantees from such grantees’
startup phase through such grantees’ final re-
porting under section 6(b),
to provide technical assistance to eligible nonprofit
organizations to assist such organizations in carry-
ing out the purposes of this Act.
(2) AWARENESS.—The Secretary shall inform
the public of the location of local demonstration
projects that are established by an eligible nonprofit
organization grantee under this Act.
(d) REGULATIONS.—The Secretary shall issue such
regulations consistent with this Act as the Secretary con-
siders necessary or appropriate for the effective and effi-
cient administration of the Program.
(e) FINES AGAINST UNAUTHORIZED THIRD PARTIES
THAT ACCEPT VOUCHERS.—The Secretary may impose a
fine against any person not approved by an eligible non-
profit organization grantee to accept vouchers and who
violates any provision of this Act, including violations con-
cerning the acceptance of vouchers. The amount of any
such fine shall be established by the Secretary and may
be assessed and collected in accordance with regulations
issued under this Act separately, or in combination, with
any fiscal claim established by the Secretary. The Attor-
ney General may institute judicial action in any court of
competent jurisdiction against the person to collect the
fine.
SEC. 6. REPORTS.
(a) CONGRESSIONAL.—Not later than 1 year after
the establishment of the Program, the Secretary shall pre-
pare and submit to Congress a report evaluating the Pro-
gram. Such report shall include the following:
(1) The number of participating retail establish-
ments, listed according to the type of goods or serv-
ices provided.
(2) The number of vouchers sold and redeemed,
broken down by geographic area.
(3)(A) A determination of the eligible nonprofit
organization grantees that are successful in carrying
out demonstration projects under this Act.
(B) With respect to each such eligible nonprofit
organization grantee that is determined to be suc-
cessful under subparagraph (A), a description of—
(i) the categories of goods and services for
which the grantee permits vouchers to be re-
deemed under section 5(b)(7)(A)(ii); and
(ii) the methods used by the grantee to
distribute vouchers under subparagraph (A)(iv)
of section 5(b)(7).
(C) A recommendation on the categories de-
scribed in subparagraph (B)(i) and the methods de-
scribed in subparagraph (B)(ii) that would be opti-
mal for use by an entity to carry out a voucher
program.
(4) A description of the impact of the Program
on other programs designed to meet the needs of
homeless individuals, including the Stewart B.
McKinney Homeless Assistance Act (Public Law
100–77) and amendments made by such Act.
(5) A description of the demographic impact of
the Program on homeless individuals in America.
(b) SECRETARY.—Not later than 1 year after the re-
ceipt of a grant award under section 5(b)(1) to carry out
a demonstration project under this Act, an eligible non-
profit organization shall prepare and submit to the Sec-
retary a report evaluating the demonstration project, as
described under section 5(b)(1). Such report shall include
a description of how such organization will continue to
carry out its program to provide vouchers for homeless
individuals or homeless individuals and participating
homeless service providers.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out this Act for fiscal year
1994 and each of the subsequent fiscal years.
Æ
HR 2930 IH——2