I 113th CONGRESS 2d Session H. R. 5288 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. Short title This Act may be cited as the National Care Corps Act of 2014 . 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. 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. 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. 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. 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. 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. 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. 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. 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. 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.