I 

113TH CONGRESS 

2D SESSION H. R. 5288 

To establish a National Care Corps through which qualified volunteers provide 

care, companionship, and other services to seniors and individuals with 

disabilities. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2014 

Ms. MICHELLE LUJAN GRISHAM of New Mexico introduced the following bill; 

which was referred to the Committee on Education and the Workforce 

A BILL 

To establish a National Care Corps through which qualified 

volunteers provide care, companionship, and other services to seniors and individuals with disabilities. 

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 ‘‘National Care Corps 

5 Act of 2014’’. 

6 SEC. 2. DEFINITIONS. 

7 For purposes of this Act, the following definitions 

8 shall apply: 


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1 (1) CORPS.—The term ‘‘Corps’’ means the Na2 tional Care Corps established under section 3 of this 

3 Act. 

4 (2) DIRECTOR.—The term ‘‘Director’’ means 

5 the Director of the Corps appointed under section 

6 3(b)(1) of this Act. 

7 (3) LOCAL CARE CORPS PROGRAM.—The term 

8 ‘‘local Care Corps program’’ means a program fund9 ed with a grant awarded under section 10(b) of this 

10 Act that hosts Corps members and arranges for 

11 them to provide approved services to individuals in 

12 need. 

13 (4) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Health and Human Services. 

15 SEC. 3. ESTABLISHMENT OF NATIONAL CARE CORPS. 

16 (a) IN GENERAL.—There is established in the De17 partment of Health and Human Services a program to 

18 be known as the ‘‘National Care Corps’’ through which 

19 Corps members provide approved services to individuals 

20 in need via participation in local Care Corps programs. 

21 (b) STAFF.— 

22 (1) APPOINTMENT OF DIRECTOR.—The Sec23 retary, acting through the Administrator for Com24 munity Living, shall appoint a Director of the Corps. 


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1 (2) DUTIES OF DIRECTOR.—The Director 

2 shall— 

3 (A) design, develop, and administer Corps 

4 programs; 

5 (B) manage the daily operations of the 

6 Corps; and 

7 (C) report to the Administrator for Com8 munity Living. 

9 (3) AUTHORITY TO EMPLOY STAFF.—The Di10 rector may employ such staff as is necessary to 

11 carry out this Act. 

12 SEC. 4. SELECTION AND ELIGIBILITY OF MEMBERS. 

13 (a) IN GENERAL.— 

14 (1) SELECTION.—The Director shall select eli15 gible individuals for membership in the Corps. 

16 (2) NONDISCRIMINATION.—In selecting Corps 

17 members, the Director shall comply with all applica18 ble provisions of State and Federal laws and regula19 tions pertaining to nondiscrimination and equal em20 ployment opportunity. 

21 (b) ELIGIBLE INDIVIDUALS.—To be eligible for mem22 bership in the Corps, an individual shall— 

23 (1) be at least 18 years of age on or before De24 cember 31 of the calendar year in which the indi25 vidual begins participation in the Corps; 


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1 (2) agree to participate in the Corps for a pe2 riod of not more than 24 months; 

3 (3) submit an application to the Director at 

4 such time, in such manner, and containing such in5 formation as the Director may require; 

6 (4) pass a criminal background check as de7 scribed in subsection (c); and 

8 (5) agree to comply with such terms and condi9 tions as the Director may require. 

10 (c) CRIMINAL BACKGROUND CHECK.— 

11 (1) IN GENERAL.—Before selecting any indi12 vidual for membership in the Corps, the Director 

13 shall request a criminal background check of such 

14 individual. 

15 (2) MEMBERSHIP PROHIBITIONS.—An indi16 vidual shall be ineligible to be a Corps member if— 

17 (A) such individual refuses to consent to 

18 the criminal background check; or 

19 (B) the criminal background check does 

20 not demonstrate to the Director’s satisfaction 

21 that such individual is fit for Corps service. 

22 SEC. 5. AUTHORIZED BENEFITS FOR CORPS MEMBERS. 

23 (a) IN GENERAL.—The Director shall provide for 

24 members of the Corps to receive allowances, health insurVerDate Mar 15 2010 23:43 Aug 06, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5288.IH H5288

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1 ance, and post-service educational awards authorized by 

2 this section. 

3 (b) ALLOWANCES.—The Director shall provide each 

4 Corps member with such living, travel, and leave allow5 ances, and such housing transportation, supplies, equip6 ment, and subsistence as the Director may determine to 

7 be necessary for the member’s maintenance and to ensure 

8 the member’s health and capacity to serve effectively. 

9 (c) HEALTH INSURANCE.— 

10 (1) IN GENERAL.—The Director shall provide 

11 for each Corps member to receive health insurance 

12 coverage. 

13 (2) MINIMUM ESSENTIAL COVERAGE.—The 

14 health insurance coverage described paragraph (1) 

15 shall meet the requirements of section 5000A(f) of 

16 the Internal Revenue Code of 1986. 

17 (d) POST-SERVICE EDUCATIONAL AWARD.— 

18 (1) IN GENERAL.—The Director shall establish 

19 an educational award for Corps members. 

20 (2) AMOUNTS.— 

21 (A) AMOUNT FOR FULL-TIME SERVICE.— 

22 In the case of a Corps member who completes 

23 a 12-month term of full-time service as deter24 mined by the Director, such member shall re25 ceive an educational award having a value equal 


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1 to the maximum amount of a Federal Pell 

2 Grant under section 401 of the Higher Edu3 cation Act of 1965 (20 U.S.C. 1070a) that a 

4 student eligible for such grant may receive in 

5 the aggregate (without regard to whether the 

6 funds are provided through discretionary or 

7 mandatory appropriations) for the award year. 

8 A Corps member may receive up to 2 such 

9 awards. 

10 (B) AMOUNT FOR OTHER PERIODS OF

11 SERVICE.—In the case of a Corps member who 

12 completes less than a 12-month term of full13 time service as determined by the Director, 

14 such member may receive a portion of the edu15 cational award described in subparagraph (A) 

16 that corresponds to the quantity of service actu17 ally completed by the member. 

18 (3) USES OF AWARD.—An educational award 

19 shall be used to pay— 

20 (A) costs of attendance at an institution of 

21 higher education; or 

22 (B) government or commercial loans re23 ceived by an individual for costs of attendance 

24 at an institution of higher education. 


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1 (4) DEFINITIONS.—For purposes of this sub2 section, the following definitions shall apply: 

3 (A) COST OF ATTENDANCE.—The term 

4 ‘‘cost of attendance’’ has the meaning given 

5 such term by section 472 of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1087ll). 

7 (B) INSTITUTION OF HIGHER EDU8 CATION.—The term ‘‘institution of higher edu9 cation’’ has the meaning given such term by 

10 section 101(a) of the Higher Education Act of 

11 1965 (20 U.S.C. 1001(a)). 

12 (e) REGULATIONS.—The Director shall issue any reg13 ulations that the Director determines to be necessary to 

14 carry out this section. 

15 SEC. 6. ASSIGNMENT OF CORPS MEMBERS TO SENIORS 

16 AND INDIVIDUALS WITH DISABILITIES. 

17 (a) ASSIGNMENT OF CORPS MEMBERS.— 

18 (1) IN GENERAL.—The Director shall assign 

19 each Corps member to participate in a local Care 

20 Corps program. 

21 (2) PRIORITY OF ASSIGNMENT.—In assigning 

22 Corps members to local Care Corps programs, the 

23 Director shall assign not less than 20 percent of 

24 members to programs that serve geographic areas in 

25 which the Director determines there is a shortage of 


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1 approved services available to individuals in need, 

2 with consideration given to low-income and minority 

3 populations. 

4 (b) SERVICES PROVIDED BY CORPS MEMBERS.— 

5 (1) IN GENERAL.—Corps members may only 

6 provide approved services to individuals in need 

7 through participation in local Care Corps programs. 

8 (2) APPROVED SERVICES.—Approved services 

9 are services provided directly to individuals in need 

10 in home-based settings that— 

11 (A) result in person-to-person, supportive 

12 relationships with each individual served; 

13 (B) support the achievement and mainte14 nance of the highest level of independent living 

15 for each individual in need; 

16 (C) are meaningful to the Corps member; 

17 and 

18 (D) are supported by appropriate orienta19 tion, training, and supervision. 

20 (3) PROHIBITED SERVICES.—In performing du21 ties as a Corps member, no member shall provide— 

22 (A) professional medical services; 

23 (B) administrative support services to a 

24 local Corps program; 

25 (C) care in an institutional setting; 


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1 (D) care prohibited under State law; or 

2 (E) any other services determined by the 

3 director to be inconsistent with the purposes of 

4 the Corps. 

5 (4) GUIDANCE REGARDING SCOPE OF SERV6 ICES.—The Director may issue guidance describing 

7 the scope of services that may be provided by Corps 

8 members. In issuing such guidance, the Director 

9 shall provide for a public notice and comment period 

10 of not less than 30 days before issuing the guidance 

11 in final form. 

12 (c) INDIVIDUAL IN NEED.—The term ‘‘individual in 

13 need’’ means an individual who— 

14 (1) is at least 65 years of age or has a dis15 ability as defined in section 3 of the Americans With 

16 Disabilities Act of 1990 (42 U.S.C. 12102); 

17 (2) has difficulty with self-care; and 

18 (3) meets such other criteria as the Director de19 termines to be appropriate. 

20 SEC. 7. TRAINING AND STANDARDS OF CONDUCT. 

21 (a) PRE-ASSIGNMENT TRAINING PROGRAM.—The 

22 Director shall develop a training program that provides 

23 Corps members with instruction in the skills necessary to 

24 carry out an assignment in a local Care Corps program. 

25 Such training program shall include— 


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1 (1) at least 20 hours of instruction for each 

2 Corps member; and 

3 (2) any other requirements the Director deter4 mines to be appropriate. 

5 (b) STANDARDS OF CONDUCT.—The Director shall 

6 establish and enforce standards to promote proper conduct 

7 and discipline within the Corps. 

8 SEC. 8. STATUS OF CORPS MEMBERS UNDER FEDERAL 

9 LAW. 

10 (a) IN GENERAL.—Except as otherwise provided in 

11 this section, members of the Corps shall not, by reason 

12 of their status as members, be treated as Federal employ13 ees or be subject to the provisions of law relating to Fed14 eral employment. 

15 (b) WORK-RELATED INJURIES.— 

16 (1) IN GENERAL.—For purposes of subchapter 

17 I of chapter 81 of title 5, United States Code, relat18 ing to the compensation of Federal employees for 

19 work injuries, members of the Corps shall be treated 

20 as employees of the United States within the mean21 ing of the term ‘‘employee’’, as defined in section 

22 8101 of such title. 

23 (2) SPECIAL RULE.—In the application of the 

24 provisions of subchapter I of chapter 81 of title 5, 

25 United States Code, to a member of the Corps, the 


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1 member shall not be treated to be in the perform2 ance of duty while absent from the member’s as3 signed post of duty unless the absence is authorized 

4 in accordance with procedures prescribed by the Di5 rector. 

6 (c) TORT CLAIMS PROCEDURE.—A member of the 

7 Corps shall be treated as an employee of the United States 

8 for purposes of chapter 171 of title 28, United States 

9 Code, relating to tort claims liability and procedure. 

10 SEC. 9. REPORTING REQUIREMENTS. 

11 The Secretary of Health and Human Services, acting 

12 through the Administrator for Community Living, shall 

13 transmit to Congress at least once in each fiscal year a 

14 report on the Corps. At minimum, such report shall in15 clude— 

16 (1) a description of the population served by 

17 the Corps during the preceding fiscal year; 

18 (2) an evaluation of Corps operations; and 

19 (3) recommendations, if any, for improving 

20 Corps operations. 

21 SEC. 10. LOCAL CARE CORPS PROGRAMS. 

22 (a) FUNCTIONS OF LOCAL CARE CORPS PRO23 GRAMS.—Local Care Corps programs shall— 

24 (1) conduct in-person orientation and training 

25 for Corps members; 


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1 (2) develop and monitor member assignments, 

2 which shall include selecting the individuals in need 

3 to be served by Corps members, matching members 

4 to assignments, and supervising members; 

5 (3) maintain records and prepare reports as re6 quired by the Director; and 

7 (4) carry out any other activities determined to 

8 be appropriate by the Director. 

9 (b) GRANTS FOR LOCAL CARE CORPS PROGRAMS.— 

10 The Director may award grants to qualified entities for 

11 the operation of local Care Corps programs. 

12 (1) QUALIFIED ENTITY.—The term ‘‘qualified 

13 entity’’ means a public or private nonprofit entity 

14 that is— 

15 (A) part of an aging network, as defined 

16 by section 102(5) of the Older Americans Act 

17 of 1965 (42 U.S.C. 3002(5)); 

18 (B) a time-banking or volunteer organizing 

19 agency; 

20 (C) a State, county, or local government; 

21 or 

22 (D) any other entity determined to be ap23 propriate by the Director. 


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1 (2) APPLICATION PROCESS.—To be eligible for 

2 a grant under this subsection, a qualified entity 

3 shall— 

4 (A) submit an application to the Director 

5 at such time, in such manner, and containing 

6 such information as the Director may require; 

7 and 

8 (B) abide by such terms and conditions as 

9 the Director determines to be appropriate. 

10 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) IN GENERAL.—There is authorized to be appro12 priated $350,000,000 for each of the fiscal years begin13 ning after the date of the enactment of this Act. 

14 (b) CONTINUED AVAILABILITY OF FUNDS.— 

15 Amounts authorized to be appropriated under subsection 

16 (a) for a fiscal year are authorized to remain available for 

17 that fiscal year and the subsequent fiscal year. 

Æ 


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