II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Care Corps Dem5 onstration Act of 2020’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 

8 (1) personal care services (also referred to as 

9 ‘‘personal assistance services’’ or ‘‘personal attend10 ant services’’)— 


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1 (A) provide critical support for individuals 

2 with disabilities and older adults to live as inde3 pendently as possible in their homes and com4 munities, thereby avoiding unwanted and often 

5 more costly institutionalization in nursing 

6 homes and other facilities; and 

7 (B) serve as a critical component of inde8 pendent living for individuals with disabilities 

9 and older adults; 

10 (2) direct care workers and social workers pro11 vide a broad range of essential services that help 

12 seniors and individuals with disabilities live inde13 pendently in their homes and communities; and 

14 (3) local care corps programs supported pursu15 ant to subpart XIII of part D of title III of the Pub16 lic Health Service Act, as added by section 3 of this 

17 Act, are intended to supplement and not supplant 

18 the work of individuals in these professions. 

19 SEC. 3. GRANTS FOR LOCAL CARE CORPS PROGRAMS. 

20 Part D of title III of the Public Health Service Act 

21 (42 U.S.C. 254b et seq.) is amended by adding at the end 

22 the following: 


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1 ‘‘Subpart XIII—Local Care Corps Programs 

2 ‘‘SEC. 340J. GRANTS FOR LOCAL CARE CORPS PROGRAMS. 

3 ‘‘(a) IN GENERAL.—The Secretary may award grants 

4 to eligible entities described in subsection (b) to establish 

5 and implement a local care corps program through which 

6 eligible volunteers described in subsection (c) perform ap7 proved care services described in subsection (d). 

8 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive 

9 a grant under this section, an entity shall be a public or 

10 private nonprofit entity (including any such entity that is 

11 faith-based) that is— 

12 ‘‘(1) part of an aging network, as defined in 

13 section 102(5) of the Older Americans Act of 1965; 

14 ‘‘(2) a time-banking or volunteer organization 

15 that has expertise in delivering home- and commu16 nity-based long-term services and supports to older 

17 adults or people with disabilities; 

18 ‘‘(3) a State, county, Tribal, or local govern19 ment; 

20 ‘‘(4) a center for independent living (as defined 

21 in section 702 of the Rehabilitation Act of 1973); or 

22 ‘‘(5) any other entity that— 

23 ‘‘(A) has expertise in delivering home- and 

24 community-based long-term services and sup25 ports to older adults or people with disabilities; 

26 or 


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1 ‘‘(B) partners with an organization with 

2 such expertise. 

3 ‘‘(c) ELIGIBLE VOLUNTEERS.— 

4 ‘‘(1) ELIGIBILITY CRITERIA.—To be eligible to 

5 serve as a volunteer in a local care corps program 

6 funded through a grant under this section, an indi7 vidual shall— 

8 ‘‘(A) be at least 18 years of age on or be9 fore December 31 of the calendar year in which 

10 the individual begins participation in the pro11 gram; 

12 ‘‘(B) agree to participate in the program 

13 for a period of not more than 2 years, con14 sisting of not more than 2 terms of up to 1 

15 year each; 

16 ‘‘(C) submit an application to the grantee 

17 at such time, in such manner, and containing 

18 such information as the grantee may require; 

19 ‘‘(D) pass a criminal background check as 

20 described in paragraph (2); and 

21 ‘‘(E) agree to comply with such terms and 

22 conditions as the grantee may require. 

23 ‘‘(2) CRIMINAL BACKGROUND CHECK.— 

24 ‘‘(A) IN GENERAL.—Before selecting any 

25 individual to serve as a volunteer in a local care 


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1 corps program funded through a grant under 

2 this section, the grantee shall request a criminal 

3 background check of such individual, to be per4 formed under similar terms and conditions as 

5 background checks performed pursuant to the 

6 pilot program under section 307 of the Medi7 care Prescription Drug, Improvement, and 

8 Modernization Act of 2003. 

9 ‘‘(B) VOLUNTEER PROHIBITIONS.—An in10 dividual shall be ineligible to be a volunteer in 

11 such program if— 

12 ‘‘(i) the individual refuses to consent 

13 to the criminal background check; or 

14 ‘‘(ii) the criminal background check 

15 does not demonstrate to the grantee’s sat16 isfaction that the individual is fit for serv17 ice in such program. 

18 ‘‘(d) APPROVED CARE SERVICES.— 

19 ‘‘(1) IN GENERAL.—In carrying out a local care 

20 corps program funded through a grant under this 

21 section, the grantee shall assign volunteers only for 

22 providing approved care services. 

23 ‘‘(2) APPROVED CARE SERVICES.—Approved 

24 care services are services provided directly to individVerDate Sep 11 2014 23:18 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4682.IS S4682

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1 uals in need (as defined in paragraph (5)) in home2 based or community-based settings that— 

3 ‘‘(A) result in person-to-person, supportive 

4 relationships with each individual served; 

5 ‘‘(B) support the achievement and mainte6 nance of the highest level of independent living 

7 for each individual in need; 

8 ‘‘(C) are supported by appropriate orienta9 tion, training, and professional supervision; 

10 ‘‘(D) are provided in support of, or in co11 ordination with, a caregiver, if applicable; and 

12 ‘‘(E) support the autonomy, control, and 

13 choice of each individual served. 

14 ‘‘(3) PROHIBITED SERVICES.—In performing 

15 duties as part of a local care corps program funded 

16 through a grant under this section, no volunteer 

17 shall provide— 

18 ‘‘(A) professional health care services; 

19 ‘‘(B) monitoring of and assistance with ac20 tivities of daily living; 

21 ‘‘(C) administrative support services of the 

22 program; 

23 ‘‘(D) care in an institutional setting; 

24 ‘‘(E) care prohibited under State law; 

25 ‘‘(F) financial services; 


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1 ‘‘(G) care that the volunteer has not been 

2 properly trained to provide; or 

3 ‘‘(H) any other services determined by the 

4 Secretary to be inconsistent with the purposes 

5 of local care corps programs funded under this 

6 section. 

7 ‘‘(4) GUIDANCE REGARDING SCOPE OF SERV8 ICES.—The Secretary shall issue guidance describing 

9 the scope of services that may be provided by volun10 teers as part of a local care corps program funded 

11 through a grant under this section. In issuing such 

12 guidance, the Secretary shall provide for a public no13 tice and comment period of not less than 60 days 

14 before issuing the guidance in final form. 

15 ‘‘(5) INDIVIDUAL IN NEED.—In this subsection, 

16 the term ‘individual in need’ means an individual 

17 who— 

18 ‘‘(A) is at least 60 years of age or has a 

19 disability as defined in section 3 of the Ameri20 cans with Disabilities Act of 1990; 

21 ‘‘(B) has difficulty with self-care or living 

22 independently; and 

23 ‘‘(C) meets such other criteria as the 

24 grantee determines to be appropriate. 

25 ‘‘(e) TRAINING AND STANDARDS OF CONDUCT.— 


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1 ‘‘(1) PREASSIGNMENT TRAINING PROGRAM.—As 

2 a condition of receipt of a grant for a local care 

3 corps program under this section, an eligible entity 

4 shall agree to develop a training program that pro5 vides volunteers in such program with instruction in 

6 the skills necessary to carry out an assignment in 

7 the program. Such training shall include— 

8 ‘‘(A) at least 40 hours of instruction for 

9 each volunteer for each term (of 1 year or less) 

10 to be served in such program, including— 

11 ‘‘(i) training in cardiopulmonary re12 suscitation (CPR) and basic first aid; and 

13 ‘‘(ii) training in how to recognize and 

14 report neglect, abuse, or exploitation; 

15 ‘‘(B) additional training for volunteers 

16 whose assignment requires further instruction 

17 to care for specific dementias and disabilities; 

18 and 

19 ‘‘(C) any other training the grantee deter20 mines to be appropriate. 

21 ‘‘(2) STANDARDS OF CONDUCT.—As a condition 

22 of receipt of a grant for a local care corps program 

23 under this section, an eligible entity shall agree to 

24 establish and enforce standards to promote proper 

25 conduct and discipline within such program. 


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1 ‘‘(f) AUTHORIZED BENEFITS FOR VOLUNTEERS.—As 

2 a condition of receipt of a grant for a local care corps 

3 program under this section, an eligible entity shall agree 

4 to the following: 

5 ‘‘(1) IN GENERAL.—The eligible entity will pro6 vide for volunteers participating in the program to 

7 receive allowances, health insurance, and postservice 

8 educational awards, in accordance with this sub9 section. 

10 ‘‘(2) ALLOWANCES.— 

11 ‘‘(A) AUTHORIZATION.—The eligible entity 

12 will provide for each full-time volunteer to re13 ceive such living, travel, and leave allowances, 

14 and such housing, transportation, supplies, 

15 equipment, and subsistence as the eligible entity 

16 determines to be necessary for— 

17 ‘‘(i) the volunteer’s maintenance; and 

18 ‘‘(ii) to ensure the volunteer’s health 

19 and capacity to serve effectively. 

20 ‘‘(B) PRORATING LIVING ALLOWANCE FOR

21 PART-TIME VOLUNTEERS.—The amount pro22 vided as a living allowance under this sub23 section shall be prorated in the case of a partic24 ipant who is not a full-time volunteer. 


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1 ‘‘(C) TREATMENT.—An allowance provided 

2 to a volunteer pursuant to this paragraph shall 

3 not be considered income for the purposes of 

4 determining eligibility for or benefit levels under 

5 any Federal or federally assisted program based 

6 on need. 

7 ‘‘(3) HEALTH INSURANCE.—The eligible entity 

8 will provide access to health insurance coverage that 

9 qualifies as minimum essential health coverage 

10 under section 5000A(f) of the Internal Revenue 

11 Code of 1986 for each volunteer who is not other12 wise enrolled in minimum essential health coverage. 

13 ‘‘(4) POSTSERVICE EDUCATIONAL AWARD.— 

14 ‘‘(A) IN GENERAL.—The eligible entity will 

15 establish an educational award for volunteers. 

16 ‘‘(B) AMOUNTS.— 

17 ‘‘(i) NUMBER OF AWARDS.—A volun18 teer may receive up to 2 educational 

19 awards under this subsection, one for each 

20 term of service as a volunteer. 

21 ‘‘(ii) AMOUNT FOR FULL TERM OF

22 SERVICE.—In the case of a volunteer who 

23 completes a term of full-time service in the 

24 program for a period of 1 year, as deter25 mined by the eligible entity, such volunteer 


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1 shall receive an educational award having a 

2 value equal to the maximum amount of a 

3 Federal Pell Grant under section 401 of 

4 the Higher Education Act of 1965 that a 

5 student eligible for such grant may receive 

6 in the aggregate (without regard to wheth7 er the funds are provided through discre8 tionary or mandatory appropriations) for 

9 the award year. 

10 ‘‘(iii) INCENTIVE TO PURSUE A

11 HEALTH CARE PROFESSION.— 

12 ‘‘(I) INCENTIVE.—In the case of 

13 a volunteer who commits to using an 

14 educational award (or awards, if ap15 plicable) under this subsection for 

16 completion of a degree, a certificate, 

17 or training in a health care profession, 

18 or in a social services profession re19 lated to the delivery of long-term serv20 ices and supports to older adults or 

21 people with disabilities or to their 

22 caregivers, the value of such awards 

23 shall be twice the value that would 

24 otherwise be applicable under clause 

25 (ii). The eligible entity may allow the 


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1 volunteer to revise such commitment 

2 by choosing to complete a different 

3 such degree, certificate, or training 

4 than the volunteer originally intended. 

5 ‘‘(II) BREACH OF COMMIT6 MENT.—If a volunteer receives an in7 centive payment under subclause (I) 

8 by committing to completion of a de9 gree, a certificate, or training, and the 

10 volunteer subsequently fails after a 

11 reasonable period to fulfill the com12 mitment, the volunteer shall be liable 

13 to the eligible entity for the portion of 

14 the educational award that is attrib15 utable to such incentive payment. 

16 ‘‘(iv) AMOUNT FOR OTHER PERIODS

17 OF SERVICE.— 

18 ‘‘(I) FIRST YEAR.—In the case of 

19 a volunteer who completes less than a 

20 1-year term of full-time service in the 

21 program, as determined by the eligible 

22 entity, such volunteer may receive a 

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1 tity of service actually completed by 

2 the volunteer. 

3 ‘‘(II) SECOND YEAR.—In the 

4 case of a volunteer who completes 

5 more than 1 year of full-time service 

6 in the program, and less than 2 years 

7 of such service, as determined by the 

8 eligible entity, such volunteer may re9 ceive, for the portion of service ex10 ceeding 1 year, a portion of the edu11 cational award described in clause (ii) 

12 or (iii) (as applicable) that cor13 responds to the quantity of service ac14 tually completed by the volunteer. 

15 ‘‘(v) LIMITATION.—In no case shall 

16 the amount of an educational award under 

17 this subsection exceed the actual cost of at18 tendance described in subparagraph (C)(i) 

19 or the actual cost of loans described in 

20 subparagraph (C)(ii), as applicable. 

21 ‘‘(C) USES OF AWARD.—An educational 

22 award under this subsection shall be used to 

23 pay— 

24 ‘‘(i) costs of attendance at an institu25 tion of higher education; 


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1 ‘‘(ii) costs of attendance for edu2 cational and training programs as deter3 mined by the Secretary; or 

4 ‘‘(iii) government or commercial loans 

5 received by an individual for the cost of at6 tendance at an institution of higher edu7 cation. 

8 ‘‘(5) TRANSFER OF EDUCATIONAL AWARDS.— 

9 ‘‘(A) IN GENERAL.—A volunteer who is eli10 gible to receive an educational award pursuant 

11 to paragraph (4) may elect to transfer the 

12 award to a designated individual. 

13 ‘‘(B) APPLICABLE PROVISIONS.—The Sec14 retary shall apply the provisions of paragraphs 

15 (2)(A)(ii), (3), (5), (6), (8)(A), and (8)(B) of 

16 section 148(f) of the National and Community 

17 Service Act of 1990 to the rule described in 

18 subparagraph (A) in a manner that is similar 

19 (as determined by the Secretary) to how such 

20 provisions are applied to section 148(f)(1) of 

21 such Act. 

22 ‘‘(6) DEFINITIONS.—In this subsection: 

23 ‘‘(A) The term ‘cost of attendance’ has the 

24 meaning given such term by section 472 of the 

25 Higher Education Act of 1965. 


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1 ‘‘(B) The term ‘full-time’ means serving 

2 not fewer than 1,700 hours over a 1-year pe3 riod. 

4 ‘‘(C) The term ‘institution of higher edu5 cation’ has the meaning given such term under 

6 subsection (a) or (b) of section 101 of the 

7 Higher Education Act of 1965. 

8 ‘‘(g) APPLICATION PROCESS.—To seek a grant under 

9 this section, an eligible entity shall— 

10 ‘‘(1) submit an application to the Secretary at 

11 such time, in such manner, and containing such in12 formation and assurances as the Secretary may re13 quire; and 

14 ‘‘(2) include in such application a description of 

15 the scope of the services, training, and professional 

16 supervision proposed to be provided, and the popu17 lation to be served, through the entity’s local care 

18 corps program. 

19 ‘‘(h) NONDISPLACEMENT.— 

20 ‘‘(1) IN GENERAL.—An application submitted 

21 under subsection (g)(1) shall contain assurances 

22 that— 

23 ‘‘(A) prior to filing the application, the eli24 gible entity has received consent from all appro25 priate State or local labor organizations, if any, 


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1 representing workers in the area who are en2 gaged in the same or similar work as that pro3 posed to be carried out by the volunteer, to pre4 vent the displacement and protect the rights of 

5 such employees; and 

6 ‘‘(B) the eligible entity will not displace an 

7 employee, position, or volunteer, including par8 tial displacement such as reduction in hours, 

9 wages, or employment benefits, as a result of 

10 the placement of a volunteer pursuant to this 

11 section. 

12 ‘‘(2) GRIEVANCE PROCEDURE.— 

13 ‘‘(A) IN GENERAL.—As a condition of re14 ceipt of a grant for a local care corps program 

15 under this section, an eligible entity shall agree 

16 to establish and maintain a procedure for the 

17 filing and independent adjudication of griev18 ances that meets the same requirements of the 

19 similar procedures under the National and 

20 Community Services Act of 1990 and that— 

21 ‘‘(i) concern alleged violations of the 

22 assurances provided by the eligible entity 

23 under paragraph (1), including such griev24 ances regarding proposed placements of 


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1 volunteers and displacement of workers; 

2 and 

3 ‘‘(ii) are brought by a labor organiza4 tion or other interested individuals. 

5 ‘‘(B) INITIATION OF PROCEDURE.—The 

6 grievance procedure of an eligible entity under 

7 subparagraph (A) shall require grievances to be 

8 filed not later than 1 year after the date of the 

9 alleged occurrence of the event that is the sub10 ject of the grievance. 

11 ‘‘(C) HEARING.—The grievance procedure 

12 of an eligible entity under subparagraph (A) 

13 shall provide for a hearing on any grievance to 

14 be conducted not later than 30 days after the 

15 filing of such grievance. 

16 ‘‘(D) DECISION.—The grievance procedure 

17 of an eligible entity under subparagraph (A) 

18 shall require— 

19 ‘‘(i) a decision on a grievance to be 

20 made not later than 60 days after the fil21 ing of such grievance; and 

22 ‘‘(ii) adjudication to be conducted by 

23 an independent, jointly selected arbitrator. 

24 ‘‘(E) COSTS.—If a labor organization or 

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1 ance pursuant to the grievance procedure of an 

2 eligible entity under subparagraph (A), the eli3 gible entity shall pay the total cost of such pro4 ceeding and the attorney’s fees of such labor or5 ganization or individual, as the case may be. In 

6 any other case, the cost of an arbitration adju7 dication proceeding pursuant to such procedure 

8 shall be divided evenly between the parties to 

9 the arbitration adjudication. A suit to enforce 

10 arbitration awards pursuant to the grievance 

11 procedure under subparagraph (A) may be 

12 brought in any Federal district court having ju13 risdiction over the parties without regard to the 

14 amount in controversy or the parties’ citizen15 ship. 

16 ‘‘(F) REMEDIES.—The grievance proce17 dure of an eligible entity under subparagraph 

18 (A) shall provide for remedies including— 

19 ‘‘(i) prohibition of the placement of a 

20 volunteer; 

21 ‘‘(ii) reinstatement of a displaced em22 ployee; 

23 ‘‘(iii) payment of lost wages and bene24 fits to a displaced employee; and 


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1 ‘‘(iv) other equitable relief as is nec2 essary. 

3 ‘‘(i) ADDITIONAL GRIEVANCE PROCEDURE FOR VOL4 UNTEERS AND INDIVIDUALS IN NEED.—In addition to the 

5 grievance produce established under subsection (h)(2), as 

6 a condition of receipt of a grant for a local care corps 

7 program under this section, an eligible entity shall agree 

8 to establish and maintain a procedure for resolving griev9 ances that— 

10 ‘‘(1) concern the program; and 

11 ‘‘(2) are brought by volunteers participating in 

12 the program or individuals in need receiving services 

13 through the program. 

14 ‘‘(j) SUPPLEMENTATION.— 

15 ‘‘(1) IN GENERAL.—Grants under this section 

16 shall be used to supplement the level of State and 

17 local public funds expended for services of the type 

18 assisted under this section in the previous fiscal 

19 year. 

20 ‘‘(2) CONSIDERATION OF AGGREGATE EXPENDI21 TURES.—Paragraph (1) is satisfied, with respect to 

22 a particular program receiving volunteer services 

23 pursuant to a grant under this section, if the aggre24 gate expenditures for such program in the fiscal year 

25 in which services are to be provided will not be less 


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1 than the aggregate expenditure for such program in 

2 the previous fiscal year, excluding any funds for 

3 services pursuant to this section. 

4 ‘‘(3) EVALUATION.—The Secretary shall evalu5 ate each application approved under this section and 

6 provide an annual report to Congress detailing each 

7 of the Secretary’s determinations that the approved 

8 applications during the year did not supplant exist9 ing Federal or joint Federal-State programs in viola10 tion of this subsection. 

11 ‘‘(k) COORDINATION.—The Secretary shall coordi12 nate the program under this section with the programs 

13 of the Corporation for National and Community Service. 

14 ‘‘(l) REPORTING REQUIREMENTS.— 

15 ‘‘(1) REPORTS TO SECRETARY.—As a condition 

16 of receipt of a grant under this section for a local 

17 care corps program, an eligible entity shall agree to 

18 submit annual reports to the Secretary including— 

19 ‘‘(A) the number of volunteers serving in 

20 the local care corps program of the eligible enti21 ty during the preceding fiscal year; 

22 ‘‘(B) the demographic characteristics of 

23 those volunteers; 

24 ‘‘(C) the hours of service of those volun25 teers; 


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1 ‘‘(D) the types of services provided by 

2 those volunteers; 

3 ‘‘(E) a description of the population served 

4 by the eligible entity through the grant during 

5 the preceding fiscal year, including— 

6 ‘‘(i) an estimate of the number of in7 dividuals served, disaggregated by race, 

8 ethnicity, age, socioeconomic status, and 

9 disability status; and 

10 ‘‘(ii) identification of the type of set11 tings in which the services were provided; 

12 ‘‘(F) an evaluation of program operations, 

13 including screening and criminal history back14 ground checks of volunteers, in-person orienta15 tion and training programs for volunteers, re16 cruitment and retention of volunteers, volunteer 

17 assignment and recognition, and outcomes for 

18 individuals receiving services through the pro19 gram; 

20 ‘‘(G) an evaluation of the satisfaction of 

21 individuals in need who have received or are re22 ceiving services through the program; and 

23 ‘‘(H) recommendations, if any, for improv24 ing programs funded under this section. 


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1 ‘‘(2) REPORT TO CONGRESS.—Not later than 

2 the end of fiscal year 2021, the Secretary shall sub3 mit a report to Congress on local care corps pro4 grams funded under this section, including— 

5 ‘‘(A) summaries of the information sub6 mitted to the Secretary pursuant to paragraph 

7 (1); and 

8 ‘‘(B) recommendations, if any, for improv9 ing programs funded under this section to more 

10 directly improve the recruitment and retention 

11 of the home care worker force. 

12 ‘‘(m) GUIDANCE.—The Secretary shall issue guid13 ance specifying, consistent with this section, the require14 ments which a local care corps program must meet to be 

15 funded through a grant under this section. 

16 ‘‘SEC. 340J–1. AUTHORIZATION OF APPROPRIATIONS. 

17 ‘‘There is authorized to be appropriated to carry out 

18 this subpart $10,000,000 for each of fiscal years 2020 

19 through 2024, to remain available until expended.’’. 

Æ 


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