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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5288 Introduced in House (IH)]

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.

    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 2014''.

SEC. 2. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Corps.--The term ``Corps'' means the National Care 
        Corps established under section 3 of this Act.
            (2) Director.--The term ``Director'' means the Director of 
        the Corps appointed under section 3(b)(1) of this Act.
            (3) Local care corps program.--The term ``local Care Corps 
        program'' means a program funded with a grant awarded under 
        section 10(b) of this Act that hosts Corps members and arranges 
        for them to provide approved services to individuals in need.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 3. ESTABLISHMENT OF NATIONAL CARE CORPS.

    (a) 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 members provide approved services to individuals in 
need via participation in local Care Corps programs.
    (b) Staff.--
            (1) Appointment of director.--The Secretary, acting through 
        the Administrator for Community Living, shall appoint a 
        Director of the Corps.
            (2) Duties of director.--The Director shall--
                    (A) design, develop, and administer Corps programs;
                    (B) manage the daily operations of the Corps; and
                    (C) report to the Administrator for Community 
                Living.
            (3) Authority to employ staff.--The Director may employ 
        such staff as is necessary to carry out this Act.

SEC. 4. SELECTION AND ELIGIBILITY OF MEMBERS.

    (a) In General.--
            (1) Selection.--The Director shall select eligible 
        individuals for membership in the Corps.
            (2) Nondiscrimination.--In selecting Corps members, the 
        Director shall comply with all applicable provisions of State 
        and Federal laws and regulations pertaining to 
        nondiscrimination and equal employment opportunity.
    (b) Eligible Individuals.--To be eligible for membership in the 
Corps, an individual shall--
            (1) 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;
            (2) agree to participate in the Corps for a period of not 
        more than 24 months;
            (3) submit an application to the Director at such time, in 
        such manner, and containing such information as the Director 
        may require;
            (4) pass a criminal background check as described in 
        subsection (c); and
            (5) agree to comply with such terms and conditions as the 
        Director may require.
    (c) Criminal Background Check.--
            (1) In general.--Before selecting any individual for 
        membership in the Corps, the Director shall request a criminal 
        background check of such individual.
            (2) Membership prohibitions.--An individual shall be 
        ineligible to be a Corps member if--
                    (A) such individual refuses to consent to the 
                criminal background check; or
                    (B) the criminal background check does not 
                demonstrate to the Director's satisfaction that such 
                individual is fit for Corps service.

SEC. 5. AUTHORIZED BENEFITS FOR CORPS MEMBERS.

    (a) In General.--The Director shall provide for members of the 
Corps to receive allowances, health insurance, and post-service 
educational awards authorized by this section.
    (b) Allowances.--The Director shall provide each Corps member with 
such living, travel, and leave allowances, and such housing 
transportation, supplies, equipment, and subsistence as the Director 
may determine to be necessary for the member's maintenance and to 
ensure the member's health and capacity to serve effectively.
    (c) Health Insurance.--
            (1) In general.--The Director shall provide for each Corps 
        member to receive health insurance coverage.
            (2) Minimum essential coverage.--The health insurance 
        coverage described paragraph (1) shall meet the requirements of 
        section 5000A(f) of the Internal Revenue Code of 1986.
    (d) Post-Service Educational Award.--
            (1) In general.--The Director shall establish an 
        educational award for Corps members.
            (2) Amounts.--
                    (A) Amount for full-time service.--In the case of a 
                Corps member who completes a 12-month term of full-time 
                service as determined by the Director, such member 
                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. A Corps 
                member may receive up to 2 such awards.
                    (B) Amount for other periods of service.--In the 
                case of a Corps member who completes less than a 12-
                month term of full-time service as determined by the 
                Director, such member may receive a portion of the 
                educational award described in subparagraph (A) that 
                corresponds to the quantity of service actually 
                completed by the member.
            (3) Uses of award.--An educational award shall be used to 
        pay--
                    (A) costs of attendance at an institution of higher 
                education; or
                    (B) government or commercial loans received by an 
                individual for costs of attendance at an institution of 
                higher education.
            (4) Definitions.--For purposes of this subsection, the 
        following definitions shall apply:
                    (A) 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).
                    (B) Institution of higher education.--The term 
                ``institution of higher education'' has the meaning 
                given such term by section 101(a) of the Higher 
                Education Act of 1965 (20 U.S.C. 1001(a)).
    (e) Regulations.--The Director shall issue any regulations that the 
Director determines to be necessary to carry out this section.

SEC. 6. ASSIGNMENT OF CORPS MEMBERS TO SENIORS AND INDIVIDUALS WITH 
              DISABILITIES.

    (a) Assignment of Corps Members.--
            (1) In general.--The Director shall assign each Corps 
        member to participate in a local Care Corps program.
            (2) Priority of assignment.--In assigning Corps members to 
        local Care Corps programs, the Director shall assign not less 
        than 20 percent of members to programs that serve geographic 
        areas in which the Director determines there is a shortage of 
        approved services available to individuals in need, with 
        consideration given to low-income and minority populations.
    (b) Services Provided by Corps Members.--
            (1) In general.--Corps members may only provide approved 
        services to individuals in need through participation in local 
        Care Corps programs.
            (2) Approved services.--Approved services are services 
        provided directly to individuals in need in home-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 meaningful to the Corps member; and
                    (D) are supported by appropriate orientation, 
                training, and supervision.
            (3) Prohibited services.--In performing duties as a Corps 
        member, no member shall provide--
                    (A) professional medical services;
                    (B) administrative support services to a local 
                Corps program;
                    (C) care in an institutional setting;
                    (D) care prohibited under State law; or
                    (E) any other services determined by the director 
                to be inconsistent with the purposes of the Corps.
            (4) Guidance regarding scope of services.--The Director may 
        issue guidance describing the scope of services that may be 
        provided by Corps members. In issuing such guidance, the 
        Director shall provide for a public notice and comment period 
        of not less than 30 days before issuing the guidance in final 
        form.
    (c) Individual in Need.--The term ``individual in need'' means an 
individual who--
            (1) 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);
            (2) has difficulty with self-care; and
            (3) meets such other criteria as the Director determines to 
        be appropriate.

SEC. 7. TRAINING AND STANDARDS OF CONDUCT.

    (a) Pre-Assignment Training Program.--The Director shall develop a 
training program that provides Corps members with instruction in the 
skills necessary to carry out an assignment in a local Care Corps 
program. Such training program shall include--
            (1) at least 20 hours of instruction for each Corps member; 
        and
            (2) any other requirements the Director determines to be 
        appropriate.
    (b) Standards of Conduct.--The Director shall establish and enforce 
standards to promote proper conduct and discipline within the Corps.

SEC. 8. STATUS OF CORPS MEMBERS UNDER FEDERAL LAW.

    (a) In General.--Except as otherwise provided in this section, 
members of the Corps shall not, by reason of their status as members, 
be treated as Federal employees or be subject to the provisions of law 
relating to Federal employment.
    (b) Work-Related Injuries.--
            (1) 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, members of the Corps shall 
        be treated as employees of the United States within the meaning 
        of the term ``employee'', as defined in section 8101 of such 
        title.
            (2) Special rule.--In the application of the provisions of 
        subchapter I of chapter 81 of title 5, United States Code, to a 
        member of the Corps, the member shall not be treated to be in 
        the performance of duty while absent from the member's assigned 
        post of duty unless the absence is authorized in accordance 
        with procedures prescribed by the Director.
    (c) Tort Claims Procedure.--A member of the Corps 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.

SEC. 9. REPORTING REQUIREMENTS.

    The Secretary of Health and Human Services, acting through the 
Administrator 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 the Corps 
        during the preceding fiscal year;
            (2) an evaluation of Corps operations; and
            (3) recommendations, if any, for improving Corps 
        operations.

SEC. 10. LOCAL CARE CORPS PROGRAMS.

    (a) Functions of Local Care Corps Programs.--Local Care Corps 
programs shall--
            (1) conduct in-person orientation and training for Corps 
        members;
            (2) develop and monitor member assignments, which shall 
        include selecting the individuals in need to be served by Corps 
        members, matching members to assignments, and supervising 
        members;
            (3) maintain records and prepare reports as required by the 
        Director; and
            (4) carry out any other activities determined to be 
        appropriate by the Director.
    (b) Grants for Local Care Corps Programs.--The Director may award 
grants to qualified entities for the operation of local Care Corps 
programs.
            (1) Qualified entity.--The term ``qualified entity'' means 
        a public or private nonprofit entity that is--
                    (A) part of an aging network, as defined by section 
                102(5) of the Older Americans Act of 1965 (42 U.S.C. 
                3002(5));
                    (B) a time-banking or volunteer organizing agency;
                    (C) a State, county, or local government; or
                    (D) any other entity determined to be appropriate 
                by the Director.
            (2) Application process.--To be eligible for a grant under 
        this subsection, a qualified entity shall--
                    (A) submit an application to the Director at such 
                time, in such manner, and containing such information 
                as the Director may require; and
                    (B) abide by such terms and conditions as the 
                Director determines to be appropriate.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated 
$350,000,000 for each of the fiscal years beginning after the date of 
the enactment of this Act.
    (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.
                                 <all>
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