America's Call To Improve Opportunities Now for National Service Act or the ACTION for National Service Act
This bill amends the National and Community Service Act of 1990 and the Domestic Volunteer Service Act of 1973 to reestablish the Corporation for National and Community Service as an independent executive agency called the National and Community Service Administration.
An individual who successfully completes a term of full-time national service shall be entitled to a national service educational award equal to twice the amount of tuition for the institution of higher education where the individual is enrolled, not to exceed twice the average in-state tuition. Current law limits the award's value to the maximum amount of a Federal Pell Grant that an individual is eligible to receive in the aggregate.
Within the administration, the bill establishes an interagency working group to evaluate specified issues related to: (1) eligibility for tuition and student loan repayment assistance with regard to participation in certain national or volunteer service programs, (2) the advisability of granting federal hiring preference to certain volunteer program participants, and (3) methods for increasing the participation of seniors in national service programs.
The National Service Foundation, a nonprofit corporation established by the bill, shall accept and administer gifts made in connection with the administration.
The bill expresses support for the authorization of appropriations sufficient to provide, within 10 years, volunteer service opportunities for at least 1 million volunteers in full-time national service annually.
The bill amends the Internal Revenue Code to exclude AmeriCorps educational awards from gross income.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5844 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5844
To establish a National and Community Service Administration to carry
out the national and volunteer service programs, to expand
participation in such programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 14, 2016
Mr. Larson of Connecticut (for himself, Mr. Lewis, Ms. Sewell of
Alabama, Ms. Slaughter, Ms. Speier, Mr. Tonko, Mr. Vargas, Mr. Veasey,
Mr. Vela, Ms. Velazquez, Ms. Wasserman Schultz, Mrs. Watson Coleman,
Mr. Welch, Ms. Wilson of Florida, Mr. Yarmuth, Mr. Pocan, Mr. Langevin,
Mr. Ashford, Ms. Bass, Mr. Bera, Mr. Beyer, Ms. Brownley of California,
Mrs. Capps, Mr. Cardenas, Ms. Clark of Massachusetts, Ms. Clarke of New
York, Mr. Conyers, Mr. Cummings, Mr. DeFazio, Mr. Delaney, Mr.
DeSaulnier, Mrs. Dingell, Ms. Eshoo, Mr. Farr, Mr. Gene Green of Texas,
Mr. Gutierrez, Ms. Hahn, Mr. Honda, Ms. Kaptur, Ms. Kuster, Mrs.
Lawrence, Ms. Esty, Mr. Moulton, Mr. Capuano, Mr. Cartwright, Ms.
Castor of Florida, Mr. Cleaver, Mr. Clyburn, Mr. Cohen, Mr. Costa, Mr.
Courtney, Mr. Crowley, Ms. DeLauro, Mr. Michael F. Doyle of
Pennsylvania, Mr. Grayson, Mr. Grijalva, Ms. Adams, Mr. Bishop of
Georgia, Mr. Brady of Pennsylvania, Mr. Huffman, Mr. Israel, Ms.
Jackson Lee, Mr. Jeffries, Ms. Eddie Bernice Johnson of Texas, Mr.
Keating, Ms. Kelly of Illinois, Mr. Kildee, Mrs. Kirkpatrick, Mr. Ben
Ray Lujan of New Mexico, Mr. Meeks, Ms. Meng, Ms. Moore, Mr. Neal, Mr.
Norcross, Mr. Pascrell, Mr. Perlmutter, Mr. Rangel, Mr. Richmond, Mr.
Ryan of Ohio, Ms. Linda T. Sanchez of California, Mr. Levin, Mr. Ted
Lieu of California, Mr. Lowenthal, Ms. Michelle Lujan Grisham of New
Mexico, Mr. McDermott, Mr. Nadler, Mr. Rush, Mr. Schiff, Mr. David
Scott of Georgia, Mr. Sires, Mr. Takano, Mr. Thompson of California,
Mrs. Torres, Mr. Walz, Ms. Maxine Waters of California, Mrs. Beatty,
Mr. Brendan F. Boyle of Pennsylvania, Mrs. Bustos, Mr. Butterfield, Mr.
Carson of Indiana, Mr. Castro of Texas, Ms. Judy Chu of California, Mr.
Cicilline, Mr. Connolly, Mr. Cuellar, Ms. Edwards, Mr. Engel, Ms.
Fudge, Mr. Higgins, Mr. Himes, Mr. Kennedy, Ms. Lee, Mr. Loebsack, Mr.
Sean Patrick Maloney of New York, Ms. Matsui, Ms. McCollum, Mrs.
Napolitano, Ms. Pingree, Ms. Plaskett, Mr. Ruppersberger, Mr. Sarbanes,
Ms. Schakowsky, Mr. Scott of Virginia, Ms. Tsongas, Mr. Kilmer, and Ms.
DelBene) introduced the following bill; which was referred to the
Committee on Education and the Workforce, and in addition to the
Committee on Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish a National and Community Service Administration to carry
out the national and volunteer service programs, to expand
participation in such programs, and for other purposes.
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 ``America's Call To Improve
Opportunities Now for National Service Act'' or the ``ACTION for
National Service Act''.
SEC. 2. TABLE OF CONTENTS; REFERENCES.
(a) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Table of contents; references.
Sec. 3. Establishment of National and Community Service Administration.
Sec. 4. Advisory Board.
Sec. 5. Administrator.
Sec. 6. National Service Educational Award.
Sec. 7. Interagency working group.
Sec. 8. National Service Foundation.
Sec. 9. Authorization of appropriations.
Sec. 10. Exclusion from gross income of Americorps Educational Awards.
(b) References.--Except as expressly provided, wherever in this Act
there is a reference to a section or other provision, the reference
shall be considered to be a reference to a section or other provision
of the National and Community Service Act of 1990 (42 U.S.C. 12501 et
seq.).
SEC. 3. ESTABLISHMENT OF NATIONAL AND COMMUNITY SERVICE ADMINISTRATION.
(a) Elevation of Corporation to Administration.--Section 191 (42
U.S.C. 12651) is amended--
(1) by striking ``a Corporation for National and Community
Service'' and inserting ``the National and Community Service
Administration, an independent executive agency''; and
(2) by striking ``The Corporation shall be a Government
corporation, as defined in section 103'' and inserting ``The
Administration shall have the same status as an executive
department listed in section 101''.
(b) Conforming Amendments.--
(1) National and community service act of 1990.--
(A) Definition.--Section 101 (42 U.S.C. 12511) is
amended by striking paragraph (12) and inserting the
following:
``(12) Administration.--The term `Administration' means the
National and Community Service Administration established under
section 191.''.
(B) References.--The National and Community Service
Act of 1990 is amended by striking ``Corporation'' each
place it appears and inserting ``Administration''.
(2) Domestic volunteer service act of 1973.--
(A) Definition.--Section 421 of the Domestic
Volunteer Service Act of 1973 is amended by striking
paragraph (7) and inserting the following:
``(7) the term `Administration' means the National and
Community Service Administration established under section 191
of the National and Community Service Act of 1990;''.
(B) References.--The Domestic Volunteer Service Act
of 1973 is amended--
(i) in section 2(b), by striking
``Corporation for National and Community
Service'' and inserting ``National and
Community Service Administration''; and
(ii) by striking ``Corporation'' each place
it appears and inserting ``Administration''.
SEC. 4. ADVISORY BOARD.
(a) Appointment and Terms.--Section 192 (42 U.S.C. 12651a) is
amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) Advisory board.--
``(A) Initial board and appointment of replacement
members.--There shall be in the Administration an
Advisory Board initially composed of the members of the
Board of Directors of the Corporation for National and
Community Service (as in existence the day before the
date of enactment of the ACTION for National Service
Act) and, after the expiration of such members' terms
and the appointments set forth in this subparagraph,
composed of seven members. Upon the expiration of the
term of the first seven such members whose term shall
expire, a new member of the Advisory Board shall be
appointed as follows:
``(i) The first three members shall be
appointed by the President, including an
individual between the ages of 18 and 25 who--
``(I) has served in a school-based
or community-based service-learning
program; or
``(II) is or was a participant or a
supervisor in a program.
``(ii) The next member shall be appointed
by the Speaker of the House of Representatives.
``(iii) The next member shall be appointed
by the minority leader of the House of
Representatives.
``(iv) The next member shall be appointed
by majority leader of the Senate.
``(v) The next member shall be appointed by
the minority leader of the Senate.
``(B) Expiration of the term of remaining initial
members.--Upon the expiration of the terms of the
remaining members of the Board of Directors of the
Corporation for National and Community Service (as in
effect the day before the date of enactment of the
ACTION for National Service Act), no new members shall
be appointed.''; and
(2) by striking subsections (c) and (d) and inserting the
following:
``(c) Terms.--Members appointed in accordance with clauses (i)
through (vi) of subsection (a)(1)(A) shall serve for a term of five
years.
``(d) Appointment of New Members and Vacancies.--When the term of a
member appointed in accordance with clauses (i) through (vi) of
subsection (a)(1)(A) expires, or if a vacancy occurs on the Advisory
Board, a new member shall be appointed by the individual and in the
manner described in such subsection, and, in the case of a vacancy,
shall serve for the remainder of the term for which the predecessor of
such member was appointed. The vacancy shall not affect the power of
the remaining members to execute the duties of the Board.''.
(b) Meetings and Duties.--Section 192A (42 U.S.C. 12651b) is
amended--
(1) in subsection (a), by striking ``3 times each year''
and inserting ``four times each year, with one of the four
meetings being an annual meeting to review the Administration's
long-term and strategic goals,''; and
(2) by striking subsection (g) and inserting the following:
``(g) Advisory Duties.--The Board shall have responsibility for
making recommendations to the Administrator concerning the programs and
activities of the Administration and the overall policy for the
Corporation and shall--
``(1) advise the Administrator with respect to policies,
programs, and procedures for carrying out the Administrator's
functions, duties, or responsibilities under this Act;
``(2) advise the Administrator on establishing requirements
and criteria for qualifying service programs, and monitor and
evaluate the performance of personnel in carrying out programs
and activities;
``(3) review applications of volunteer service programs for
approval under and make recommendations to the Administrator
with respect to the approval of each program and the amount of
financial assistance (if any) to provide to each program;
``(4) review and make recommendations to the
Administrator--
``(A) with respect to any grants, allotments,
contracts, financial assistance, or other payment of
the Administration; and
``(B) regarding the regulations, standards,
policies, procedures, programs, and initiatives of the
Administration;
``(5) review, and advise the Administrator regarding the
actions of the Administrator with respect to the personnel of
the Administration, and with respect to such standards,
policies, procedures, programs, and initiatives as are
necessary or appropriate to carry out the programs and
activities of the Administration, including those carried out
under the national service laws on the date of enactment of
this Act;
``(6) make recommendations relating to a program of
research for the Administration with respect to national and
community service programs;
``(7) ensure effective dissemination of information
regarding the programs and initiatives of the Administration;
``(8) prepare and make recommendations to the Administrator
for changes in the national service laws resulting from the
studies and demonstrations conducted by the Administration,
which recommendations shall be submitted to Congress and to the
President not later than January 1 of each year; and
``(9) advise on such other matters as the Administrator may
request.''.
SEC. 5. ADMINISTRATOR.
(a) Appointment.--
(1) In general.--Section 193(a) (42 U.S.C. 12651c) is
amended--
(A) by striking ``an individual who shall serve as
Chief Executive Officer of the Corporation'' and
inserting ``an Administrator''; and
(B) by adding at the end the following: ``who shall
hold the same rank and status as the head of an
executive department listed in section 101 of title 5,
United States Code.''.
(2) Interim administrator.--Until an Administrator is
appointed and confirmed in accordance with the amendments made
by paragraph (1), the Chief Executive Officer of the
Corporation for National and Community Service (as in existence
the day before the date of enactment of this Act) shall serve
as interim Administrator.
(b) Conforming Amendments.--
(1) National and community service act of 1990.--
(A) Definition.--Section 101 (42 U.S.C. 12511) is
amended by striking paragraph (9) and inserting the
following:
``(9) Administrator.--The term `Administrator' means the
Administrator of the National and Community Service
Administration appointed under section 193.''.
(B) References.--The National and Community Service
Act of 1990 is amended by striking ``Chief Executive
Officer'' each place it appears, except when such term
is used to refer to the chief executive officer of a
State, and inserting ``Administrator''.
(2) Domestic volunteer service act of 1973.--Section 421(1)
of the Domestic Volunteer Service Act of 1973 is amended to
read as follows:
``(1) the term `Administrator' means the Administrator of
the National and Community Service Administration appointed
under section 193 of the National and Community Service Act of
1990;''.
SEC. 6. NATIONAL SERVICE EDUCATIONAL AWARD.
Section 147(a) (42 U.S.C. 12603(a)) is amended--
(1) by striking ``Except as provided'' and inserting ``(1)
Except as provided'';
(2) by striking ``shall receive a national service
educational award'' and all that follows through
``appropriations)'' and inserting ``shall be entitled to a
national service educational award equal to the amount set
forth in paragraph (2)''; and
(3) by adding at the end the following:
``(2) Benefit amount.--The benefit described in paragraph
(1) payable to an individual described in such paragraph shall
be in an amount--
``(A) equal to twice the amount of tuition of the
institution of higher education where the individual is
enrolled or accepted to be enrolled; and
``(B) not to exceed twice the average in-State
tuition at a State institution of higher education in
the State where the individual is enrolled or accepted
to be enrolled.
``(3) Appropriations.--There is hereby appropriated to the
National Service Foundation established under subtitle K, for
fiscal year 2017 and subsequent fiscal years, out of any funds
in the Treasury not otherwise appropriated, such sums as may be
necessary to carry out this subsection.''.
SEC. 7. INTERAGENCY WORKING GROUP.
Subtitle G of title I (42 U.S.C. 12651 et seq.) is amended by
adding at the end the following new section:
``SEC. 196D. INTERAGENCY WORKING GROUP.
``The Administrator shall establish an interagency working group
(and consult directly with the heads of Federal agencies as necessary)
to--
``(1) evaluate the eligibility for tuition and student loan
repayment assistance outlined in this section for participation
in national or volunteer service programs not administered
under this Act;
``(2) evaluate the feasibility and advisability of granting
Federal hiring preference under chapter 33 of title 5, United
States Code, to an individual who has completed at least one
year of service and is eligible for the entitlement established
under subsection (a); and
``(3) examine the participation of seniors age 55 and older
in national service programs and establish methods for
increasing the participation rate of such individuals.''.
SEC. 8. NATIONAL SERVICE FOUNDATION.
Title I is further amended by adding at the end the following new
subtitle:
``Subtitle K--National Service Foundation
``SEC. 199P. NATIONAL SERVICE FOUNDATION.
``(a) Establishment.--In order to encourage private gifts of real
and personal property or any income therefrom or other interest therein
for the benefit of, or in connection with, the National and Community
Service Administration, its activities, or its services, and thereby to
further the mission and purpose of the Administration and to provide
greater opportunities for volunteer service, there is hereby
established a charitable and nonprofit corporation to be known as the
National Service Foundation (referred to in this subtitle as the
`Foundation') to accept and administer such gifts.
``(b) Board of the Foundation.--
``(1) Members.--The National Service Foundation shall
consist of a Board of the Foundation having as members the
Administrator, ex officio, and no less than six private
citizens of the United States appointed by the Administrator,
who shall take into consideration appointing--
``(A) an individual who is between the ages of 18
and 25 who has served in a school-based or community-
based service program; and
``(B) an individual who has served as a supervisor
in the Senior Corps.
``(2) Terms.--The initial terms of members first appointed
shall be staggered to assure continuity of administration.
Members appointed thereafter shall be appointed for a term of
six years, unless a successor is chosen to fill a vacancy
occurring prior to the expiration of the term for which his
predecessor was chosen, in which event the successor shall be
chosen only for the remainder of that term.
``(3) Chairman.--The Administrator shall be the Chairman of
the Board of the Foundation.
``(4) Status.--Membership on the Board of the Foundation
shall not be deemed to be an office within the meaning of the
statutes of the United States.
``(5) Quorum.--A majority of the members of the Board of
the Foundation serving at any one time shall constitute a
quorum for the transaction of business, and the Foundation
shall have an official seal, which shall be judicially noticed.
``(6) Meetings.--The Board of the Foundation shall meet at
the call of the Chairman and there shall be at least one
meeting each year.
``(7) Compensation.--No compensation shall be paid to the
members of the Board of the Foundation for their services as
members, but they shall be reimbursed for actual and necessary
traveling and subsistence expenses incurred by them in the
performance of their duties as such members out of National
Service Foundation funds available to the Board of the
Foundation for such purposes.
``(c) Authorization To Accept and Use Gifts and Bequests.--The
Foundation is authorized to accept, receive, solicit, hold, administer,
and use any gifts, devises, or bequests, either absolutely or in trust
of real or personal property or any income therefrom or other interest
therein for the benefit of or in connection with, the Administration,
its activities, or its services. The Foundation may not accept any such
gift, devise, or bequest which entails any expenditure other than from
the resources of the Foundation. An interest in the real property
includes, among other things, easements or other rights for
preservation, conservation, protection, or enhancement by and for the
public of natural, scenic, historic, scientific, educational,
inspirational, or recreational resources. A gift, devise, or bequest
may be accepted by the Foundation even though it is encumbered,
restricted, or subject to beneficial interests of private persons if
any current or future interest therein is for the benefit of the
Administration, its activities, or its services.
``(d) Use of Funds, Investment.--Except as otherwise required by
the instrument of transfer, the Foundation may sell, lease, invest,
reinvest, retain, or otherwise dispose of or deal with any property or
income thereof as the Board of the Foundation may from time to time
determine. The Foundation shall not engage in any business, nor shall
the Foundation make any investment that may not lawfully be made by a
trust company in the District of Columbia, except that the Foundation
may make any investment authorized by the instrument of transfer, and
may retain any property accepted by the Foundation. The Foundation may
utilize the services and facilities of the Administration, and such
services and facilities may be made available on request to the extent
practicable without reimbursement therefor.
``(e) Succession, Powers and Liability.--The Foundation shall have
perpetual succession, with all the usual powers and obligations of a
corporation acting as a trustee, including the power to sue and to be
sued in its own name, but the members of the Board of the Foundation
shall not be personally liable, except for malfeasance. The Foundation
shall have the power to enter into contracts, to execute instruments,
and generally to do any and all lawful acts necessary or appropriate to
its purposes.
``(f) Bylaws.--In carrying out the provisions of this Act, the
Board of the Foundation may adopt bylaws, rules, and regulations
necessary for the administration of its functions and contract for any
necessary services.
``(g) Tax Exempt Status.--The Foundation and any income or property
received or owned by it, and all transactions relating to such income
or property, shall be exempt from all Federal, State, and local
taxation with respect thereto. The Foundation may, however, in the
discretion of its directors, contribute toward the costs of local
government in amounts not in excess of those which it would be
obligated to pay such government if it were not exempt from taxation by
virtue of the foregoing or by virtue of its being a charitable and
nonprofit corporation and may agree so to contribute with respect to
property transferred to it and the income derived therefrom if such
agreement is a condition of the transfer. Contributions, gifts, and
other transfers made to or for the use of the Foundation shall be
regarded as contributions, gifts, or transfers to or for the use of the
United States.
``(h) Non-Liability of United States.--The United States shall not
be liable for any debts, defaults, acts, or omissions of the
Foundation.
``(i) Reports.--The Foundation shall, as soon as practicable after
the end of each fiscal year, transmit to Congress an annual report of
its proceedings and activities, including a full and complete statement
of its receipts, expenditures, and investments.
``(j) Initial Funding.--For the purposes of assisting the
Foundation in establishing an office and meeting initial
administrative, project, and other startup expenses, there is
authorized to be appropriated $2,500,000 for fiscal year 2017. Such
funds shall remain available to the Foundation until they are expended
for authorized purposes.''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
Section 501 of the National and Community Service Act of 1990 is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by adding after subsection (a) the following:
``(b) Additional Authorization of Appropriations.--
``(1) Authorization.--There is authorized to be
appropriated to the Administration to carry out its programs
and functions, including the programs and activities carried
out under this Act and the Domestic Volunteer Service Act of
1973 (42 U.S.C. 4950 et seq.), such additional sums as are
necessary to achieve the goal set forth in paragraph (2).
``(2) Ten-year goal.--It is the sense of Congress that
amounts appropriated under paragraph (1) should be sufficient
to provide or facilitate volunteer service opportunities and
programs for not fewer than one million volunteers in full-time
national service per year before the end of the ten-year period
beginning on the date of enactment of this Act.''.
SEC. 10. EXCLUSION FROM GROSS INCOME OF AMERICORPS EDUCATIONAL AWARDS.
(a) In General.--Section 117 of the Internal Revenue Code of 1986
(relating to qualified scholarships) is amended by adding at the end
the following new subsection:
``(e) AmeriCorps Educational Awards.--Gross income shall not
include any national service educational award described in subtitle D
of title I of the National and Community Service Act of 1990 (42 U.S.C.
12601 et seq.).''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years ending after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Education and the Workforce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Higher Education and Workforce Training.
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