[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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