[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3494 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 3494
To amend the Public Health Service Act to establish a National Care
Corps, and to authorize grants for local care corps programs, through
which qualified volunteers provide care, companionship, and other
services to individuals in need, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2017
Ms. Michelle Lujan Grisham of New Mexico introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committee on Education and the Workforce, 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 amend the Public Health Service Act to establish a National Care
Corps, and to authorize grants for local care corps programs, through
which qualified volunteers provide care, companionship, and other
services to individuals in need, 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 ``National Care Corps Act of 2017''.
SEC. 2. NATIONAL CARE CORPS; LOCAL CARE CORPS PROGRAMS.
Part D of title III of the Public Health Service Act (42 U.S.C.
254b et seq.) is amended--
(1) by redesignating the second subpart XI (relating to a
community-based collaborative care network program) as subpart
XII;
(2) by redesignating the second section 340H (42 U.S.C.
256i) as section 340I; and
(3) by adding at the end the following:
``Subpart XIII--National Care Corps; Local Care Corps Programs
``SEC. 340J. NATIONAL CARE CORPS.
``(a) Establishment.--
``(1) 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.
``(2) Staff.--
``(A) Appointment of director.--The Secretary,
acting through the Administrator of the Administration
for Community Living, shall appoint a Director of the
Corps.
``(B) Duties of director.--The Director shall--
``(i) design, develop, and administer Corps
programs;
``(ii) manage the daily operations of the
Corps; and
``(iii) report to the Administrator of the
Administration for Community Living.
``(C) Authority to employ staff.--The Director may
employ such staff as is necessary to carry out this
subpart.
``(b) Selection and Eligibility of Volunteers.--
``(1) Selection.--The Director shall select eligible
individuals as Corps volunteers.
``(2) Eligible individuals.--To be eligible to serve as a
volunteer in the Corps, an individual shall--
``(A) 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;
``(B) 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;
``(C) submit an application to the Director at such
time, in such manner, and containing such information
as the Director may require;
``(D) pass a criminal background check as described
in paragraph (3); and
``(E) agree to comply with such terms and
conditions as the Director may require.
``(3) Criminal background check.--
``(A) 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.
``(B) Volunteer prohibitions.--An individual shall
be ineligible to be a Corps volunteer if--
``(i) such individual refuses to consent to
the criminal background check; or
``(ii) the criminal background check does
not demonstrate to the Director's satisfaction
that such individual is fit for Corps service.
``(c) Authorized Benefits for Corps Volunteers.--
``(1) In general.--The Director shall provide for Corps
volunteers to receive allowances, health insurance, and post-
service educational awards authorized by this subsection.
``(2) 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.
``(3) Health insurance.--The Director shall provide for
each Corps volunteer to receive health insurance coverage
meeting the requirements of section 5000A(f) of the Internal
Revenue Code of 1986.
``(4) Post-service educational award.--
``(A) In general.--The Director shall establish an
educational award for Corps volunteers.
``(B) Amounts.--
``(i) Number of awards.--A Corps volunteer
may receive up to 2 educational awards under
this paragraph, one for each term of service as
a volunteer.
``(ii) 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.
``(iii) 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 paragraph for completion of a
degree, certificate, or training in a health
care profession, or in a social services
profession related to the delivery of long-term
services and supports to individuals in need,
the value of such awards shall be twice the
value that would otherwise be applicable under
clause (ii).
``(iv) 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
clause (ii) or (iii) (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 clause (ii) or (iii) (as
applicable) that corresponds to the
quantity of service actually completed
by the volunteer
``(C) Uses of award.--An educational award shall be
used to pay--
``(i) costs of attendance at an institution
of higher education; or
``(ii) government or commercial loans
received by an individual for the cost of
attendance at an institution of higher
education.
``(D) Definitions.--For purposes of this paragraph:
``(i) 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).
``(ii) 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).
``(5) 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 No.
11103 (April 10, 1963).
``(6) Regulations.--The Director shall issue any
regulations that the Director determines to be necessary to
carry out this subsection.
``(d) Assignment of Corps Volunteers.--
``(1) Assignment.--
``(A) In general.--The Director shall assign each
Corps volunteer to participate in a local care corps
program.
``(B) Priority of assignment.--In assigning Corps
volunteers to local care corps programs, the Director
shall--
``(i) take into consideration the
population and geographic preferences of the
volunteers; and
``(ii) 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 for
individuals in need, with priority given to
low-income and minority populations.
``(2) Services provided by corps volunteers.--
``(A) In general.--The Director shall assign Corps
volunteers only for providing approved services to
individuals in need through participation in local care
corps programs.
``(B) Approved services.--Approved services are
services provided directly to individuals in need in
home-based or community-based settings that--
``(i) result in person-to-person,
supportive relationships with each individual
served;
``(ii) support the achievement and
maintenance of the highest level of independent
living for each individual in need;
``(iii) are supported by appropriate
orientation, training, and supervision; and
``(iv) are provided in support of, or in
coordination with, a caregiver, if applicable.
``(C) Prohibited services.--In performing duties as
a Corps volunteer, no volunteer shall provide--
``(i) professional medical services;
``(ii) administrative support services to a
local Corps program;
``(iii) financial services;
``(iv) care in an institutional setting;
``(v) care prohibited under State law; or
``(vi) any other services determined by the
director to be inconsistent with the purposes
of the Corps.
``(D) 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.
``(e) Training and Standards of Conduct.--
``(1) 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--
``(A) 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;
``(B) additional training for volunteers whose
assignment requires skills that are particularly
complex, including those necessary to serve individuals
with physical, cognitive, or behavioral impairments;
``(C) appropriate training in the prevention of
abuse, neglect, and exploitation; and
``(D) any other requirements the Director
determines to be appropriate.
``(2) Standards of conduct.--The Director shall establish
and enforce standards to promote proper conduct and discipline
within the Corps.
``(f) Status of Corps Volunteers Under Federal Law.--
``(1) In general.--Except as otherwise provided in this
subsection, 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.
``(2) Work-related injuries.--
``(A) 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.
``(B) 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.
``(3) Tort claims procedure.--A Corps volunteer shall be
treated as an employee of the United States for purposes of
chapter 171 of title 28, United States Code, relating to tort
claims liability and procedure.
``(g) 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 each local
care corps program during the preceding fiscal year,
including--
``(A) an estimate of the number of individuals
served in each State, disaggregated by race, ethnicity,
age, disability, 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. 340J-1. GRANTS FOR LOCAL CARE CORPS PROGRAMS.
``(a) In General.--The Director may award grants to eligible
entities described in subsection (b) to establish and implement a local
care corps program through which Corps volunteers perform approved
services for individuals in need as described in section 340J(d)(2).
``(b) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be a public or private nonprofit entity
that is--
``(1) part of the aging network, as defined in section
102(5) of the Older Americans Act of 1965;
``(2) a time-banking or volunteer organizing agency that
has expertise in delivering home- and community-based long-term
services and supports to individuals in need;
``(3) a State, county, or local government; or
``(4) any other entity that has expertise in delivering
home- and community-based long-term services and supports to
individuals in need, as determined to be appropriate by the
Secretary.
``(c) Other Requirements.--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;
``(4) provide regular opportunities for Corps volunteers to
collaborate and engage with peer Corps members focused on
sharing field experiences and best practices; and
``(5) carry out any other activities determined to be
appropriate by the Director.
``(d) Application Process.--To seek a grant under this section, an
eligible entity shall--
``(1) submit an application to the Secretary at such time,
in such manner, and containing such information and assurances
as the Secretary may require; and
``(2) include in such application a description of the
scope of the services proposed to be provided through the
entity's local care corps program.
``SEC. 340J-2. DEFINITIONS.
``For purposes of this subpart:
``(1) Corps.--The term `Corps' means the National Care
Corps established under section 340J.
``(2) Director.--The term `Director' means the Director of
the National Care Corps appointed under section 340J(a).
``(3) Individual in need.--The term `individual in need'
means an individual who--
``(A) 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);
``(B) has difficultly with self-care or living
independently; and
``(C) meets such other criteria as the Director
determines to be appropriate.
``(4) Local care corps program.--The term `local care corps
program' means a program funded with a grant awarded under
section 340J-1.
``SEC. 340J-3. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--To carry out this subpart, there is authorized
to be appropriated $350,000,000 for each of the fiscal years beginning
after the date of the enactment of the National Care Corps Act of 2017.
``(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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