[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2668 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2668

 To establish a National Care Corps through which qualified volunteers 
    provide care, companionship, and other services to seniors and 
                     individuals with disabilities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 2015

Ms. Michelle Lujan Grisham of New Mexico (for herself, Mr. Doggett, Mr. 
Hastings, Mr. Johnson of Georgia, Mrs. Dingell, and Ms. Roybal-Allard) 
 introduced the following bill; which was referred to the Committee on 
                      Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
 To establish a National Care Corps through which qualified volunteers 
    provide care, companionship, and other services to seniors and 
                     individuals with disabilities.

    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 ``National Care Corps Act of 2015''.

SEC. 2. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Corps.--The term ``Corps'' means the National Care 
        Corps established under section 3 of this Act.
            (2) Director.--The term ``Director'' means the Director of 
        the Corps appointed under section 3(b)(1) of this Act.
            (3) Local care corps program.--The term ``local Care Corps 
        program'' means a program funded with a grant awarded under 
        section 10(b) of this Act that hosts Corps volunteers and 
        arranges for them to provide approved services to individuals 
        in need.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 3. ESTABLISHMENT OF NATIONAL CARE CORPS.

    (a) In General.--There is established in the Department of Health 
and Human Services a program to be known as the ``National Care Corps'' 
through which Corps volunteers provide approved services to individuals 
in need via participation in local Care Corps programs.
    (b) Staff.--
            (1) Appointment of director.--The Secretary, acting through 
        the Administrator of the Administration for Community Living, 
        shall appoint a Director of the Corps.
            (2) Duties of director.--The Director shall--
                    (A) design, develop, and administer Corps programs;
                    (B) manage the daily operations of the Corps; and
                    (C) report to the Administrator of the 
                Administration for Community Living.
            (3) Authority to employ staff.--The Director may employ 
        such staff as is necessary to carry out this Act.

SEC. 4. SELECTION AND ELIGIBILITY OF VOLUNTEERS.

    (a) In General.--
            (1) Selection.--The Director shall select eligible 
        individuals as Corps volunteers.
            (2) Nondiscrimination.--In selecting Corps volunteers, the 
        Director shall comply with all applicable provisions of State 
        and Federal laws and regulations pertaining to 
        nondiscrimination and equal employment opportunity.
    (b) Eligible Individuals.--To be eligible to serve as a volunteer 
in the Corps, an individual shall--
            (1) be at least 18 years of age on or before December 31 of 
        the calendar year in which the individual begins participation 
        in the Corps;
            (2) agree to participate in the Corps for a period of not 
        more than 24 months, consisting of not more than 2 terms of up 
        to 12 months;
            (3) submit an application to the Director at such time, in 
        such manner, and containing such information as the Director 
        may require;
            (4) pass a criminal background check as described in 
        subsection (c); and
            (5) agree to comply with such terms and conditions as the 
        Director may require.
    (c) Criminal Background Check.--
            (1) In general.--Before selecting any individual to serve 
        as a volunteer in the Corps, the Director shall request a 
        criminal background check of such individual on a nationwide 
        basis.
            (2) Volunteer prohibitions.--An individual shall be 
        ineligible to be a Corps volunteer if--
                    (A) such individual refuses to consent to the 
                criminal background check; or
                    (B) the criminal background check does not 
                demonstrate to the Director's satisfaction that such 
                individual is fit for Corps service.

SEC. 5. AUTHORIZED BENEFITS FOR CORPS VOLUNTEERS.

    (a) In General.--The Director shall provide for Corps volunteers to 
receive allowances, health insurance, and post-service educational 
awards authorized by this section.
    (b) Allowances.--The Director shall provide each Corps volunteer 
with such living, travel, and leave allowances, and such housing, 
transportation, supplies, equipment, and subsistence as the Director 
determines to be necessary for the volunteer's maintenance and to 
ensure the volunteer's health and capacity to serve effectively.
    (c) Health Insurance.--
            (1) In general.--The Director shall provide for each Corps 
        volunteer to receive health insurance coverage.
            (2) Minimum essential coverage.--The health insurance 
        coverage described paragraph (1) shall meet the requirements of 
        section 5000A(f) of the Internal Revenue Code of 1986.
    (d) Post-Service Educational Award.--
            (1) In general.--The Director shall establish an 
        educational award for Corps volunteers.
            (2) Amounts.--
                    (A) Number of awards.--A Corps volunteer may 
                receive up to 2 educational awards under this 
                subsection, one for each term of service as a 
                volunteer.
                    (B) Amount for full term of service.--In the case 
                of a Corps volunteer who completes a term of full-time 
                service in the Corps for a period of 12 months, as 
                determined by the Director, such volunteer shall 
                receive an educational award having a value equal to 
                the maximum amount of a Federal Pell Grant under 
                section 401 of the Higher Education Act of 1965 (20 
                U.S.C. 1070a) that a student eligible for such grant 
                may receive in the aggregate (without regard to whether 
                the funds are provided through discretionary or 
                mandatory appropriations) for the award year.
                    (C) Incentive to pursue a degree in a health care 
                profession.--In the case of a Corps volunteer who 
                commits to using his or her educational award (or 
                awards, if applicable) under this subsection for 
                completion of a degree, a certificate, or training in a 
                health care profession, the value of such awards shall 
                be twice the value that would otherwise be applicable 
                under subparagraph (B).
                    (D) Amount for other periods of service.--
                            (i) In the case of a Corps volunteer who 
                        completes less than a 12-month term of full-
                        time service in the Corps, as determined by the 
                        Director, such volunteer may receive a portion 
                        of the educational award described in 
                        subparagraph (B) or (C) (as applicable) that 
                        corresponds to the quantity of service actually 
                        completed by the volunteer.
                            (ii) In the case of a Corps volunteer who 
                        completes more than 12 months of full-time 
                        service in the Corps, and less than 24 months 
                        of such service, as determined by the Director, 
                        such volunteer may receive, for the portion of 
                        service exceeding 12 months, a portion of the 
                        educational award described in subparagraph (B) 
                        or (C) (as applicable) that corresponds to the 
                        quantity of service actually completed by the 
                        volunteer.
            (3) Uses of award.--An educational award shall be used to 
        pay--
                    (A) costs of attendance at an institution of higher 
                education; or
                    (B) government or commercial loans received by an 
                individual for the cost of attendance at an institution 
                of higher education.
            (4) Definitions.--For purposes of this subsection, the 
        following definitions shall apply:
                    (A) Cost of attendance.--The term ``cost of 
                attendance'' has the meaning given such term by section 
                472 of the Higher Education Act of 1965 (20 U.S.C. 
                1087ll).
                    (B) Institution of higher education.--The term 
                ``institution of higher education'' has the meaning 
                given such term under subsection (a) or (b) of section 
                101 of the Higher Education Act of 1965 (20 U.S.C. 
                1001).
    (e) Federal Hiring Preference.--In the case of a Corps volunteer 
who completes at least one term of full-time service in the Corps for a 
total period of 12 months or more, as determined by the Director, such 
volunteer shall be eligible for appointment in the competitive service 
in the same manner as Peace Corps volunteers as prescribed in Executive 
Order Number 11103 (April 10, 1963).
    (f) Regulations.--The Director shall issue any regulations that the 
Director determines to be necessary to carry out this section.

SEC. 6. ASSIGNMENT OF CORPS VOLUNTEERS TO SENIORS AND INDIVIDUALS WITH 
              DISABILITIES.

    (a) Assignment of Corps Volunteers.--
            (1) In general.--The Director shall assign each Corps 
        volunteer to participate in a local Care Corps program.
            (2) Priority of assignment.--In assigning Corps volunteers 
        to local Care Corps programs, the Director shall--
                    (A) take into consideration the population and 
                geographic preferences of the volunteers; and
                    (B) assign not less than 20 percent of volunteers 
                to programs that serve geographic areas in which the 
                Director determines there is a shortage of approved 
                services available to individuals in need, with 
                consideration given to low-income and minority 
                populations.
    (b) Services Provided by Corps Volunteers.--
            (1) In general.--The Director shall assign Corps volunteers 
        only for providing approved services to individuals in need 
        through participation in local Care Corps programs.
            (2) Approved services.--Approved services are services 
        provided directly to individuals in need in home-based or 
        community-based settings that--
                    (A) result in person-to-person, supportive 
                relationships with each individual served;
                    (B) support the achievement and maintenance of the 
                highest level of independent living for each individual 
                in need;
                    (C) are supported by appropriate orientation, 
                training, and supervision; and
                    (D) are provided in support of, or in coordination 
                with, a caregiver, if applicable.
            (3) Prohibited services.--In performing duties as a Corps 
        volunteer, no volunteer shall provide--
                    (A) professional medical services;
                    (B) administrative support services to a local 
                Corps program;
                    (C) care in an institutional setting;
                    (D) care prohibited under State law; or
                    (E) any other services determined by the director 
                to be inconsistent with the purposes of the Corps.
            (4) Guidance regarding scope of services.--The Director 
        shall issue guidance describing the scope of services that may 
        be provided by Corps volunteers. In issuing such guidance, the 
        Director shall provide for a public notice and comment period 
        of not less than 60 days before issuing the guidance in final 
        form.
    (c) Individual In Need.--The term ``individual in need'' means an 
individual who--
            (1) is at least 65 years of age or has a disability as 
        defined in section 3 of the Americans With Disabilities Act of 
        1990 (42 U.S.C. 12102);
            (2) has difficultly with self-care or living independently; 
        and
            (3) meets such other criteria as the Director determines to 
        be appropriate.

SEC. 7. TRAINING AND STANDARDS OF CONDUCT.

    (a) Pre-Assignment Training Program.--The Director shall develop a 
training program that provides Corps volunteers with instruction in the 
skills necessary to carry out an assignment in a local Care Corps 
program. Such training program shall include--
            (1) at least 40 hours of instruction for each Corps 
        volunteer for each term (of 12 months or less) to be served in 
        the Corps by the volunteer;
            (2) additional training for volunteers whose assignment 
        requires further instruction; and
            (3) any other requirements the Director determines to be 
        appropriate.
    (b) Standards of Conduct.--The Director shall establish and enforce 
standards to promote proper conduct and discipline within the Corps.

SEC. 8. STATUS OF CORPS VOLUNTEERS UNDER FEDERAL LAW.

    (a) In General.--Except as otherwise provided in this section, 
Corps volunteers shall not, by reason of their status as volunteers, be 
treated as Federal employees or be subject to the provisions of law 
relating to Federal employment.
    (b) Work-Related Injuries.--
            (1) In general.--For purposes of subchapter I of chapter 81 
        of title 5, United States Code, relating to the compensation of 
        Federal employees for work injuries, Corps volunteers shall be 
        treated as employees of the United States within the meaning of 
        the term ``employee'', as defined in section 8101 of such 
        title.
            (2) Special rule.--In the application of the provisions of 
        subchapter I of chapter 81 of title 5, United States Code, to a 
        Corps volunteer, the volunteer shall not be treated to be in 
        the performance of duty while absent from the volunteer's 
        assigned post of duty unless the absence is authorized in 
        accordance with procedures prescribed by the Director.
    (c) Tort Claims Procedure.--A Corps volunteer shall be treated an 
employee of the United States for purposes of chapter 171 of title 28, 
United States Code, relating to tort claims liability and procedure.

SEC. 9. REPORTING REQUIREMENTS.

    The Secretary of Health and Human Services, acting through the 
Administrator of the Administration for Community Living, shall 
transmit to Congress at least once in each fiscal year a report on the 
Corps. At minimum, such report shall include--
            (1) a description of the population served by the Corps 
        during the preceding fiscal year, including--
                    (A) an estimate of the number of individuals served 
                in each State, disaggregated by race, ethnicity, and 
                socioeconomic status; and
                    (B) identification of the type of settings in which 
                the services were provided;
            (2) an evaluation of Corps operations; and
            (3) recommendations, if any, for improving Corps 
        operations.

SEC. 10. LOCAL CARE CORPS PROGRAMS.

    (a) Functions of Local Care Corps Programs.--Local Care Corps 
programs shall--
            (1) conduct in-person orientation and training for Corps 
        volunteers;
            (2) develop and monitor volunteer assignments, which shall 
        include selecting the individuals in need to be served by Corps 
        volunteers, matching volunteers to assignments, and supervising 
        volunteers;
            (3) maintain records and prepare reports as required by the 
        Director; and
            (4) carry out any other activities determined to be 
        appropriate by the Director.
    (b) Grants for Local Care Corps Programs.--The Director may award 
grants to qualified entities for the operation of local Care Corps 
programs.
            (1) Qualified entity.--The term ``qualified entity'' means 
        a public or private nonprofit entity that is--
                    (A) part of an aging network, as defined by section 
                102(5) of the Older Americans Act of 1965 (42 U.S.C. 
                3002(5));
                    (B) a time-banking or volunteer organizing agency;
                    (C) a State, county, or local government; or
                    (D) any other entity determined to be appropriate 
                by the Director.
            (2) Application process.--To be eligible for a grant under 
        this subsection, a qualified entity shall--
                    (A) submit an application to the Director at such 
                time, in such manner, and containing such information 
                as the Director may require; and
                    (B) abide by such terms and conditions as the 
                Director determines to be appropriate.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated 
$350,000,000 for each of the fiscal years beginning after the date of 
the enactment of this Act.
    (b) Continued Availability of Funds.--Amounts authorized to be 
appropriated under subsection (a) for a fiscal year are authorized to 
remain available for that fiscal year and the subsequent fiscal year.
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