[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4682 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4682

            To provide grants for local care corps programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 24, 2020

  Mr. Udall (for himself, Ms. Baldwin, Mr. Van Hollen, Mr. King, Ms. 
 Smith, Mrs. Gillibrand, Mr. Blumenthal, Mr. Heinrich, Mr. Carper, and 
Ms. Klobuchar) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
            To provide grants for local care corps programs.

    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 ``Care Corps Demonstration Act of 
2020''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) personal care services (also referred to as ``personal 
        assistance services'' or ``personal attendant services'')--
                    (A) provide critical support for individuals with 
                disabilities and older adults to live as independently 
                as possible in their homes and communities, thereby 
                avoiding unwanted and often more costly 
                institutionalization in nursing homes and other 
                facilities; and
                    (B) serve as a critical component of independent 
                living for individuals with disabilities and older 
                adults;
            (2) direct care workers and social workers provide a broad 
        range of essential services that help seniors and individuals 
        with disabilities live independently in their homes and 
        communities; and
            (3) local care corps programs supported pursuant to subpart 
        XIII of part D of title III of the Public Health Service Act, 
        as added by section 3 of this Act, are intended to supplement 
        and not supplant the work of individuals in these professions.

SEC. 3. GRANTS FOR LOCAL CARE CORPS PROGRAMS.

    Part D of title III of the Public Health Service Act (42 U.S.C. 
254b et seq.) is amended by adding at the end the following:

               ``Subpart XIII--Local Care Corps Programs

``SEC. 340J. GRANTS FOR LOCAL CARE CORPS PROGRAMS.

    ``(a) In General.--The Secretary may award grants to eligible 
entities described in subsection (b) to establish and implement a local 
care corps program through which eligible volunteers described in 
subsection (c) perform approved care services described in subsection 
(d).
    ``(b) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall be a public or private nonprofit entity 
(including any such entity that is faith-based) that is--
            ``(1) part of an aging network, as defined in section 
        102(5) of the Older Americans Act of 1965;
            ``(2) a time-banking or volunteer organization that has 
        expertise in delivering home- and community-based long-term 
        services and supports to older adults or people with 
        disabilities;
            ``(3) a State, county, Tribal, or local government;
            ``(4) a center for independent living (as defined in 
        section 702 of the Rehabilitation Act of 1973); or
            ``(5) any other entity that--
                    ``(A) has expertise in delivering home- and 
                community-based long-term services and supports to 
                older adults or people with disabilities; or
                    ``(B) partners with an organization with such 
                expertise.
    ``(c) Eligible Volunteers.--
            ``(1) Eligibility criteria.--To be eligible to serve as a 
        volunteer in a local care corps program funded through a grant 
        under this section, 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 program;
                    ``(B) agree to participate in the program for a 
                period of not more than 2 years, consisting of not more 
                than 2 terms of up to 1 year each;
                    ``(C) submit an application to the grantee at such 
                time, in such manner, and containing such information 
                as the grantee may require;
                    ``(D) pass a criminal background check as described 
                in paragraph (2); and
                    ``(E) agree to comply with such terms and 
                conditions as the grantee may require.
            ``(2) Criminal background check.--
                    ``(A) In general.--Before selecting any individual 
                to serve as a volunteer in a local care corps program 
                funded through a grant under this section, the grantee 
                shall request a criminal background check of such 
                individual, to be performed under similar terms and 
                conditions as background checks performed pursuant to 
                the pilot program under section 307 of the Medicare 
                Prescription Drug, Improvement, and Modernization Act 
                of 2003.
                    ``(B) Volunteer prohibitions.--An individual shall 
                be ineligible to be a volunteer in such program if--
                            ``(i) the individual refuses to consent to 
                        the criminal background check; or
                            ``(ii) the criminal background check does 
                        not demonstrate to the grantee's satisfaction 
                        that the individual is fit for service in such 
                        program.
    ``(d) Approved Care Services.--
            ``(1) In general.--In carrying out a local care corps 
        program funded through a grant under this section, the grantee 
        shall assign volunteers only for providing approved care 
        services.
            ``(2) Approved care services.--Approved care services are 
        services provided directly to individuals in need (as defined 
        in paragraph (5)) 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 professional supervision;
                    ``(D) are provided in support of, or in 
                coordination with, a caregiver, if applicable; and
                    ``(E) support the autonomy, control, and choice of 
                each individual served.
            ``(3) Prohibited services.--In performing duties as part of 
        a local care corps program funded through a grant under this 
        section, no volunteer shall provide--
                    ``(A) professional health care services;
                    ``(B) monitoring of and assistance with activities 
                of daily living;
                    ``(C) administrative support services of the 
                program;
                    ``(D) care in an institutional setting;
                    ``(E) care prohibited under State law;
                    ``(F) financial services;
                    ``(G) care that the volunteer has not been properly 
                trained to provide; or
                    ``(H) any other services determined by the 
                Secretary to be inconsistent with the purposes of local 
                care corps programs funded under this section.
            ``(4) Guidance regarding scope of services.--The Secretary 
        shall issue guidance describing the scope of services that may 
        be provided by volunteers as part of a local care corps program 
        funded through a grant under this section. In issuing such 
        guidance, the Secretary shall provide for a public notice and 
        comment period of not less than 60 days before issuing the 
        guidance in final form.
            ``(5) Individual in need.--In this subsection, the term 
        `individual in need' means an individual who--
                    ``(A) is at least 60 years of age or has a 
                disability as defined in section 3 of the Americans 
                with Disabilities Act of 1990;
                    ``(B) has difficulty with self-care or living 
                independently; and
                    ``(C) meets such other criteria as the grantee 
                determines to be appropriate.
    ``(e) Training and Standards of Conduct.--
            ``(1) Preassignment training program.--As a condition of 
        receipt of a grant for a local care corps program under this 
        section, an eligible entity shall agree to develop a training 
        program that provides volunteers in such program with 
        instruction in the skills necessary to carry out an assignment 
        in the program. Such training shall include--
                    ``(A) at least 40 hours of instruction for each 
                volunteer for each term (of 1 year or less) to be 
                served in such program, including--
                            ``(i) training in cardiopulmonary 
                        resuscitation (CPR) and basic first aid; and
                            ``(ii) training in how to recognize and 
                        report neglect, abuse, or exploitation;
                    ``(B) additional training for volunteers whose 
                assignment requires further instruction to care for 
                specific dementias and disabilities; and
                    ``(C) any other training the grantee determines to 
                be appropriate.
            ``(2) Standards of conduct.--As a condition of receipt of a 
        grant for a local care corps program under this section, an 
        eligible entity shall agree to establish and enforce standards 
        to promote proper conduct and discipline within such program.
    ``(f) Authorized Benefits for Volunteers.--As a condition of 
receipt of a grant for a local care corps program under this section, 
an eligible entity shall agree to the following:
            ``(1) In general.--The eligible entity will provide for 
        volunteers participating in the program to receive allowances, 
        health insurance, and postservice educational awards, in 
        accordance with this subsection.
            ``(2) Allowances.--
                    ``(A) Authorization.--The eligible entity will 
                provide for each full-time volunteer to receive such 
                living, travel, and leave allowances, and such housing, 
                transportation, supplies, equipment, and subsistence as 
                the eligible entity determines to be necessary for--
                            ``(i) the volunteer's maintenance; and
                            ``(ii) to ensure the volunteer's health and 
                        capacity to serve effectively.
                    ``(B) Prorating living allowance for part-time 
                volunteers.--The amount provided as a living allowance 
                under this subsection shall be prorated in the case of 
                a participant who is not a full-time volunteer.
                    ``(C) Treatment.--An allowance provided to a 
                volunteer pursuant to this paragraph shall not be 
                considered income for the purposes of determining 
                eligibility for or benefit levels under any Federal or 
                federally assisted program based on need.
            ``(3) Health insurance.--The eligible entity will provide 
        access to health insurance coverage that qualifies as minimum 
        essential health coverage under section 5000A(f) of the 
        Internal Revenue Code of 1986 for each volunteer who is not 
        otherwise enrolled in minimum essential health coverage.
            ``(4) Postservice educational award.--
                    ``(A) In general.--The eligible entity will 
                establish an educational award for volunteers.
                    ``(B) Amounts.--
                            ``(i) Number of awards.--A volunteer may 
                        receive up to 2 educational awards under this 
                        subsection, one for each term of service as a 
                        volunteer.
                            ``(ii) Amount for full term of service.--In 
                        the case of a volunteer who completes a term of 
                        full-time service in the program for a period 
                        of 1 year, as determined by the eligible 
                        entity, 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 
                        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 health care 
                        profession.--
                                    ``(I) Incentive.--In the case of a 
                                volunteer who commits to using an 
                                educational award (or awards, if 
                                applicable) under this subsection for 
                                completion of a degree, a 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 
                                older adults or people with 
                                disabilities or to their caregivers, 
                                the value of such awards shall be twice 
                                the value that would otherwise be 
                                applicable under clause (ii). The 
                                eligible entity may allow the volunteer 
                                to revise such commitment by choosing 
                                to complete a different such degree, 
                                certificate, or training than the 
                                volunteer originally intended.
                                    ``(II) Breach of commitment.--If a 
                                volunteer receives an incentive payment 
                                under subclause (I) by committing to 
                                completion of a degree, a certificate, 
                                or training, and the volunteer 
                                subsequently fails after a reasonable 
                                period to fulfill the commitment, the 
                                volunteer shall be liable to the 
                                eligible entity for the portion of the 
                                educational award that is attributable 
                                to such incentive payment.
                            ``(iv) Amount for other periods of 
                        service.--
                                    ``(I) First year.--In the case of a 
                                volunteer who completes less than a 1-
                                year term of full-time service in the 
                                program, as determined by the eligible 
                                entity, 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) Second year.--In the case of 
                                a volunteer who completes more than 1 
                                year of full-time service in the 
                                program, and less than 2 years of such 
                                service, as determined by the eligible 
                                entity, such volunteer may receive, for 
                                the portion of service exceeding 1 
                                year, 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.
                            ``(v) Limitation.--In no case shall the 
                        amount of an educational award under this 
                        subsection exceed the actual cost of attendance 
                        described in subparagraph (C)(i) or the actual 
                        cost of loans described in subparagraph 
                        (C)(ii), as applicable.
                    ``(C) Uses of award.--An educational award under 
                this subsection shall be used to pay--
                            ``(i) costs of attendance at an institution 
                        of higher education;
                            ``(ii) costs of attendance for educational 
                        and training programs as determined by the 
                        Secretary; or
                            ``(iii) government or commercial loans 
                        received by an individual for the cost of 
                        attendance at an institution of higher 
                        education.
            ``(5) Transfer of educational awards.--
                    ``(A) In general.--A volunteer who is eligible to 
                receive an educational award pursuant to paragraph (4) 
                may elect to transfer the award to a designated 
                individual.
                    ``(B) Applicable provisions.--The Secretary shall 
                apply the provisions of paragraphs (2)(A)(ii), (3), 
                (5), (6), (8)(A), and (8)(B) of section 148(f) of the 
                National and Community Service Act of 1990 to the rule 
                described in subparagraph (A) in a manner that is 
                similar (as determined by the Secretary) to how such 
                provisions are applied to section 148(f)(1) of such 
                Act.
            ``(6) Definitions.--In this subsection:
                    ``(A) The term `cost of attendance' has the meaning 
                given such term by section 472 of the Higher Education 
                Act of 1965.
                    ``(B) The term `full-time' means serving not fewer 
                than 1,700 hours over a 1-year period.
                    ``(C) 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.
    ``(g) 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, training, and professional supervision 
        proposed to be provided, and the population to be served, 
        through the entity's local care corps program.
    ``(h) Nondisplacement.--
            ``(1) In general.--An application submitted under 
        subsection (g)(1) shall contain assurances that--
                    ``(A) prior to filing the application, the eligible 
                entity has received consent from all appropriate State 
                or local labor organizations, if any, representing 
                workers in the area who are engaged in the same or 
                similar work as that proposed to be carried out by the 
                volunteer, to prevent the displacement and protect the 
                rights of such employees; and
                    ``(B) the eligible entity will not displace an 
                employee, position, or volunteer, including partial 
                displacement such as reduction in hours, wages, or 
                employment benefits, as a result of the placement of a 
                volunteer pursuant to this section.
            ``(2) Grievance procedure.--
                    ``(A) In general.--As a condition of receipt of a 
                grant for a local care corps program under this 
                section, an eligible entity shall agree to establish 
                and maintain a procedure for the filing and independent 
                adjudication of grievances that meets the same 
                requirements of the similar procedures under the 
                National and Community Services Act of 1990 and that--
                            ``(i) concern alleged violations of the 
                        assurances provided by the eligible entity 
                        under paragraph (1), including such grievances 
                        regarding proposed placements of volunteers and 
                        displacement of workers; and
                            ``(ii) are brought by a labor organization 
                        or other interested individuals.
                    ``(B) Initiation of procedure.--The grievance 
                procedure of an eligible entity under subparagraph (A) 
                shall require grievances to be filed not later than 1 
                year after the date of the alleged occurrence of the 
                event that is the subject of the grievance.
                    ``(C) Hearing.--The grievance procedure of an 
                eligible entity under subparagraph (A) shall provide 
                for a hearing on any grievance to be conducted not 
                later than 30 days after the filing of such grievance.
                    ``(D) Decision.--The grievance procedure of an 
                eligible entity under subparagraph (A) shall require--
                            ``(i) a decision on a grievance to be made 
                        not later than 60 days after the filing of such 
                        grievance; and
                            ``(ii) adjudication to be conducted by an 
                        independent, jointly selected arbitrator.
                    ``(E) Costs.--If a labor organization or other 
                interested individual prevails on a grievance pursuant 
                to the grievance procedure of an eligible entity under 
                subparagraph (A), the eligible entity shall pay the 
                total cost of such proceeding and the attorney's fees 
                of such labor organization or individual, as the case 
                may be. In any other case, the cost of an arbitration 
                adjudication proceeding pursuant to such procedure 
                shall be divided evenly between the parties to the 
                arbitration adjudication. A suit to enforce arbitration 
                awards pursuant to the grievance procedure under 
                subparagraph (A) may be brought in any Federal district 
                court having jurisdiction over the parties without 
                regard to the amount in controversy or the parties' 
                citizenship.
                    ``(F) Remedies.--The grievance procedure of an 
                eligible entity under subparagraph (A) shall provide 
                for remedies including--
                            ``(i) prohibition of the placement of a 
                        volunteer;
                            ``(ii) reinstatement of a displaced 
                        employee;
                            ``(iii) payment of lost wages and benefits 
                        to a displaced employee; and
                            ``(iv) other equitable relief as is 
                        necessary.
    ``(i) Additional Grievance Procedure for Volunteers and Individuals 
in Need.--In addition to the grievance produce established under 
subsection (h)(2), as a condition of receipt of a grant for a local 
care corps program under this section, an eligible entity shall agree 
to establish and maintain a procedure for resolving grievances that--
            ``(1) concern the program; and
            ``(2) are brought by volunteers participating in the 
        program or individuals in need receiving services through the 
        program.
    ``(j) Supplementation.--
            ``(1) In general.--Grants under this section shall be used 
        to supplement the level of State and local public funds 
        expended for services of the type assisted under this section 
        in the previous fiscal year.
            ``(2) Consideration of aggregate expenditures.--Paragraph 
        (1) is satisfied, with respect to a particular program 
        receiving volunteer services pursuant to a grant under this 
        section, if the aggregate expenditures for such program in the 
        fiscal year in which services are to be provided will not be 
        less than the aggregate expenditure for such program in the 
        previous fiscal year, excluding any funds for services pursuant 
        to this section.
            ``(3) Evaluation.--The Secretary shall evaluate each 
        application approved under this section and provide an annual 
        report to Congress detailing each of the Secretary's 
        determinations that the approved applications during the year 
        did not supplant existing Federal or joint Federal-State 
        programs in violation of this subsection.
    ``(k) Coordination.--The Secretary shall coordinate the program 
under this section with the programs of the Corporation for National 
and Community Service.
    ``(l) Reporting Requirements.--
            ``(1) Reports to secretary.--As a condition of receipt of a 
        grant under this section for a local care corps program, an 
        eligible entity shall agree to submit annual reports to the 
        Secretary including--
                    ``(A) the number of volunteers serving in the local 
                care corps program of the eligible entity during the 
                preceding fiscal year;
                    ``(B) the demographic characteristics of those 
                volunteers;
                    ``(C) the hours of service of those volunteers;
                    ``(D) the types of services provided by those 
                volunteers;
                    ``(E) a description of the population served by the 
                eligible entity through the grant during the preceding 
                fiscal year, including--
                            ``(i) an estimate of the number of 
                        individuals served, disaggregated by race, 
                        ethnicity, age, socioeconomic status, and 
                        disability status; and
                            ``(ii) identification of the type of 
                        settings in which the services were provided;
                    ``(F) an evaluation of program operations, 
                including screening and criminal history background 
                checks of volunteers, in-person orientation and 
                training programs for volunteers, recruitment and 
                retention of volunteers, volunteer assignment and 
                recognition, and outcomes for individuals receiving 
                services through the program;
                    ``(G) an evaluation of the satisfaction of 
                individuals in need who have received or are receiving 
                services through the program; and
                    ``(H) recommendations, if any, for improving 
                programs funded under this section.
            ``(2) Report to congress.--Not later than the end of fiscal 
        year 2021, the Secretary shall submit a report to Congress on 
        local care corps programs funded under this section, 
        including--
                    ``(A) summaries of the information submitted to the 
                Secretary pursuant to paragraph (1); and
                    ``(B) recommendations, if any, for improving 
                programs funded under this section to more directly 
                improve the recruitment and retention of the home care 
                worker force.
    ``(m) Guidance.--The Secretary shall issue guidance specifying, 
consistent with this section, the requirements which a local care corps 
program must meet to be funded through a grant under this section.

``SEC. 340J-1. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this subpart 
$10,000,000 for each of fiscal years 2020 through 2024, to remain 
available until expended.''.
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