National Care Corps Act of 2014 - Establishes in the Department of Health and Human Services (HHS) the National Care Corps through which Corps Members provide certain services to individuals in need who are age 65 or older or have a disability and have difficulty with self-care.
[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>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Higher Education and Workforce Training.
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