[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4682 Introduced in Senate (IS)]
<DOC>
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.
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 ``Care Corps Demonstration Act of
2020''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) personal care services (also referred to as ``personal
assistance services'' or ``personal attendant services'')--
(A) provide critical support for individuals with
disabilities and older adults to live as independently
as possible in their homes and communities, thereby
avoiding unwanted and often more costly
institutionalization in nursing homes and other
facilities; and
(B) serve as a critical component of independent
living for individuals with disabilities and older
adults;
(2) direct care workers and social workers provide a broad
range of essential services that help seniors and individuals
with disabilities live independently in their homes and
communities; and
(3) local care corps programs supported pursuant to subpart
XIII of part D of title III of the Public Health Service Act,
as added by section 3 of this Act, are intended to supplement
and not supplant the work of individuals in these professions.
SEC. 3. GRANTS FOR LOCAL CARE CORPS PROGRAMS.
Part D of title III of the Public Health Service Act (42 U.S.C.
254b et seq.) is amended by adding at the end the following:
``Subpart XIII--Local Care Corps Programs
``SEC. 340J. GRANTS FOR LOCAL CARE CORPS PROGRAMS.
``(a) In General.--The Secretary may award grants to eligible
entities described in subsection (b) to establish and implement a local
care corps program through which eligible volunteers described in
subsection (c) perform approved care services described in subsection
(d).
``(b) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be a public or private nonprofit entity
(including any such entity that is faith-based) that is--
``(1) part of an aging network, as defined in section
102(5) of the Older Americans Act of 1965;
``(2) a time-banking or volunteer organization that has
expertise in delivering home- and community-based long-term
services and supports to older adults or people with
disabilities;
``(3) a State, county, Tribal, or local government;
``(4) a center for independent living (as defined in
section 702 of the Rehabilitation Act of 1973); or
``(5) any other entity that--
``(A) has expertise in delivering home- and
community-based long-term services and supports to
older adults or people with disabilities; or
``(B) partners with an organization with such
expertise.
``(c) Eligible Volunteers.--
``(1) Eligibility criteria.--To be eligible to serve as a
volunteer in a local care corps program funded through a grant
under this section, an individual shall--
``(A) be at least 18 years of age on or before
December 31 of the calendar year in which the
individual begins participation in the program;
``(B) agree to participate in the program for a
period of not more than 2 years, consisting of not more
than 2 terms of up to 1 year each;
``(C) submit an application to the grantee at such
time, in such manner, and containing such information
as the grantee may require;
``(D) pass a criminal background check as described
in paragraph (2); and
``(E) agree to comply with such terms and
conditions as the grantee may require.
``(2) Criminal background check.--
``(A) In general.--Before selecting any individual
to serve as a volunteer in a local care corps program
funded through a grant under this section, the grantee
shall request a criminal background check of such
individual, to be performed under similar terms and
conditions as background checks performed pursuant to
the pilot program under section 307 of the Medicare
Prescription Drug, Improvement, and Modernization Act
of 2003.
``(B) Volunteer prohibitions.--An individual shall
be ineligible to be a volunteer in such program if--
``(i) the individual refuses to consent to
the criminal background check; or
``(ii) the criminal background check does
not demonstrate to the grantee's satisfaction
that the individual is fit for service in such
program.
``(d) Approved Care Services.--
``(1) In general.--In carrying out a local care corps
program funded through a grant under this section, the grantee
shall assign volunteers only for providing approved care
services.
``(2) Approved care services.--Approved care services are
services provided directly to individuals in need (as defined
in paragraph (5)) in home-based or community-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 supported by appropriate orientation,
training, and professional supervision;
``(D) are provided in support of, or in
coordination with, a caregiver, if applicable; and
``(E) support the autonomy, control, and choice of
each individual served.
``(3) Prohibited services.--In performing duties as part of
a local care corps program funded through a grant under this
section, no volunteer shall provide--
``(A) professional health care services;
``(B) monitoring of and assistance with activities
of daily living;
``(C) administrative support services of the
program;
``(D) care in an institutional setting;
``(E) care prohibited under State law;
``(F) financial services;
``(G) care that the volunteer has not been properly
trained to provide; or
``(H) any other services determined by the
Secretary to be inconsistent with the purposes of local
care corps programs funded under this section.
``(4) Guidance regarding scope of services.--The Secretary
shall issue guidance describing the scope of services that may
be provided by volunteers as part of a local care corps program
funded through a grant under this section. In issuing such
guidance, the Secretary shall provide for a public notice and
comment period of not less than 60 days before issuing the
guidance in final form.
``(5) Individual in need.--In this subsection, the term
`individual in need' means an individual who--
``(A) is at least 60 years of age or has a
disability as defined in section 3 of the Americans
with Disabilities Act of 1990;
``(B) has difficulty with self-care or living
independently; and
``(C) meets such other criteria as the grantee
determines to be appropriate.
``(e) Training and Standards of Conduct.--
``(1) Preassignment training program.--As a condition of
receipt of a grant for a local care corps program under this
section, an eligible entity shall agree to develop a training
program that provides volunteers in such program with
instruction in the skills necessary to carry out an assignment
in the program. Such training shall include--
``(A) at least 40 hours of instruction for each
volunteer for each term (of 1 year or less) to be
served in such program, including--
``(i) training in cardiopulmonary
resuscitation (CPR) and basic first aid; and
``(ii) training in how to recognize and
report neglect, abuse, or exploitation;
``(B) additional training for volunteers whose
assignment requires further instruction to care for
specific dementias and disabilities; and
``(C) any other training the grantee determines to
be appropriate.
``(2) Standards of conduct.--As a condition of receipt of a
grant for a local care corps program under this section, an
eligible entity shall agree to establish and enforce standards
to promote proper conduct and discipline within such program.
``(f) Authorized Benefits for Volunteers.--As a condition of
receipt of a grant for a local care corps program under this section,
an eligible entity shall agree to the following:
``(1) In general.--The eligible entity will provide for
volunteers participating in the program to receive allowances,
health insurance, and postservice educational awards, in
accordance with this subsection.
``(2) Allowances.--
``(A) Authorization.--The eligible entity will
provide for each full-time volunteer to receive such
living, travel, and leave allowances, and such housing,
transportation, supplies, equipment, and subsistence as
the eligible entity determines to be necessary for--
``(i) the volunteer's maintenance; and
``(ii) to ensure the volunteer's health and
capacity to serve effectively.
``(B) Prorating living allowance for part-time
volunteers.--The amount provided as a living allowance
under this subsection shall be prorated in the case of
a participant who is not a full-time volunteer.
``(C) Treatment.--An allowance provided to a
volunteer pursuant to this paragraph shall not be
considered income for the purposes of determining
eligibility for or benefit levels under any Federal or
federally assisted program based on need.
``(3) Health insurance.--The eligible entity will provide
access to health insurance coverage that qualifies as minimum
essential health coverage under section 5000A(f) of the
Internal Revenue Code of 1986 for each volunteer who is not
otherwise enrolled in minimum essential health coverage.
``(4) Postservice educational award.--
``(A) In general.--The eligible entity will
establish an educational award for volunteers.
``(B) Amounts.--
``(i) Number of awards.--A volunteer may
receive up to 2 educational awards under this
subsection, one for each term of service as a
volunteer.
``(ii) Amount for full term of service.--In
the case of a volunteer who completes a term of
full-time service in the program for a period
of 1 year, as determined by the eligible
entity, such volunteer 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
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.
``(iii) Incentive to pursue a health care
profession.--
``(I) Incentive.--In the case of a
volunteer who commits to using an
educational award (or awards, if
applicable) under this subsection for
completion of a degree, a certificate,
or training in a health care
profession, or in a social services
profession related to the delivery of
long-term services and supports to
older adults or people with
disabilities or to their caregivers,
the value of such awards shall be twice
the value that would otherwise be
applicable under clause (ii). The
eligible entity may allow the volunteer
to revise such commitment by choosing
to complete a different such degree,
certificate, or training than the
volunteer originally intended.
``(II) Breach of commitment.--If a
volunteer receives an incentive payment
under subclause (I) by committing to
completion of a degree, a certificate,
or training, and the volunteer
subsequently fails after a reasonable
period to fulfill the commitment, the
volunteer shall be liable to the
eligible entity for the portion of the
educational award that is attributable
to such incentive payment.
``(iv) Amount for other periods of
service.--
``(I) First year.--In the case of a
volunteer who completes less than a 1-
year term of full-time service in the
program, as determined by the eligible
entity, such volunteer may receive a
portion of the educational award
described in clause (ii) or (iii) (as
applicable) that corresponds to the
quantity of service actually completed
by the volunteer.
``(II) Second year.--In the case of
a volunteer who completes more than 1
year of full-time service in the
program, and less than 2 years of such
service, as determined by the eligible
entity, such volunteer may receive, for
the portion of service exceeding 1
year, a portion of the educational
award described in clause (ii) or (iii)
(as applicable) that corresponds to the
quantity of service actually completed
by the volunteer.
``(v) Limitation.--In no case shall the
amount of an educational award under this
subsection exceed the actual cost of attendance
described in subparagraph (C)(i) or the actual
cost of loans described in subparagraph
(C)(ii), as applicable.
``(C) Uses of award.--An educational award under
this subsection shall be used to pay--
``(i) costs of attendance at an institution
of higher education;
``(ii) costs of attendance for educational
and training programs as determined by the
Secretary; or
``(iii) government or commercial loans
received by an individual for the cost of
attendance at an institution of higher
education.
``(5) Transfer of educational awards.--
``(A) In general.--A volunteer who is eligible to
receive an educational award pursuant to paragraph (4)
may elect to transfer the award to a designated
individual.
``(B) Applicable provisions.--The Secretary shall
apply the provisions of paragraphs (2)(A)(ii), (3),
(5), (6), (8)(A), and (8)(B) of section 148(f) of the
National and Community Service Act of 1990 to the rule
described in subparagraph (A) in a manner that is
similar (as determined by the Secretary) to how such
provisions are applied to section 148(f)(1) of such
Act.
``(6) Definitions.--In this subsection:
``(A) The term `cost of attendance' has the meaning
given such term by section 472 of the Higher Education
Act of 1965.
``(B) The term `full-time' means serving not fewer
than 1,700 hours over a 1-year period.
``(C) The term `institution of higher education'
has the meaning given such term under subsection (a) or
(b) of section 101 of the Higher Education Act of 1965.
``(g) Application Process.--To seek a grant under this section, an
eligible entity shall--
``(1) submit an application to the Secretary at such time,
in such manner, and containing such information and assurances
as the Secretary may require; and
``(2) include in such application a description of the
scope of the services, training, and professional supervision
proposed to be provided, and the population to be served,
through the entity's local care corps program.
``(h) Nondisplacement.--
``(1) In general.--An application submitted under
subsection (g)(1) shall contain assurances that--
``(A) prior to filing the application, the eligible
entity has received consent from all appropriate State
or local labor organizations, if any, representing
workers in the area who are engaged in the same or
similar work as that proposed to be carried out by the
volunteer, to prevent the displacement and protect the
rights of such employees; and
``(B) the eligible entity will not displace an
employee, position, or volunteer, including partial
displacement such as reduction in hours, wages, or
employment benefits, as a result of the placement of a
volunteer pursuant to this section.
``(2) Grievance procedure.--
``(A) In general.--As a condition of receipt of a
grant for a local care corps program under this
section, an eligible entity shall agree to establish
and maintain a procedure for the filing and independent
adjudication of grievances that meets the same
requirements of the similar procedures under the
National and Community Services Act of 1990 and that--
``(i) concern alleged violations of the
assurances provided by the eligible entity
under paragraph (1), including such grievances
regarding proposed placements of volunteers and
displacement of workers; and
``(ii) are brought by a labor organization
or other interested individuals.
``(B) Initiation of procedure.--The grievance
procedure of an eligible entity under subparagraph (A)
shall require grievances to be filed not later than 1
year after the date of the alleged occurrence of the
event that is the subject of the grievance.
``(C) Hearing.--The grievance procedure of an
eligible entity under subparagraph (A) shall provide
for a hearing on any grievance to be conducted not
later than 30 days after the filing of such grievance.
``(D) Decision.--The grievance procedure of an
eligible entity under subparagraph (A) shall require--
``(i) a decision on a grievance to be made
not later than 60 days after the filing of such
grievance; and
``(ii) adjudication to be conducted by an
independent, jointly selected arbitrator.
``(E) Costs.--If a labor organization or other
interested individual prevails on a grievance pursuant
to the grievance procedure of an eligible entity under
subparagraph (A), the eligible entity shall pay the
total cost of such proceeding and the attorney's fees
of such labor organization or individual, as the case
may be. In any other case, the cost of an arbitration
adjudication proceeding pursuant to such procedure
shall be divided evenly between the parties to the
arbitration adjudication. A suit to enforce arbitration
awards pursuant to the grievance procedure under
subparagraph (A) may be brought in any Federal district
court having jurisdiction over the parties without
regard to the amount in controversy or the parties'
citizenship.
``(F) Remedies.--The grievance procedure of an
eligible entity under subparagraph (A) shall provide
for remedies including--
``(i) prohibition of the placement of a
volunteer;
``(ii) reinstatement of a displaced
employee;
``(iii) payment of lost wages and benefits
to a displaced employee; and
``(iv) other equitable relief as is
necessary.
``(i) Additional Grievance Procedure for Volunteers and Individuals
in Need.--In addition to the grievance produce established under
subsection (h)(2), as a condition of receipt of a grant for a local
care corps program under this section, an eligible entity shall agree
to establish and maintain a procedure for resolving grievances that--
``(1) concern the program; and
``(2) are brought by volunteers participating in the
program or individuals in need receiving services through the
program.
``(j) Supplementation.--
``(1) In general.--Grants under this section shall be used
to supplement the level of State and local public funds
expended for services of the type assisted under this section
in the previous fiscal year.
``(2) Consideration of aggregate expenditures.--Paragraph
(1) is satisfied, with respect to a particular program
receiving volunteer services pursuant to a grant under this
section, if the aggregate expenditures for such program in the
fiscal year in which services are to be provided will not be
less than the aggregate expenditure for such program in the
previous fiscal year, excluding any funds for services pursuant
to this section.
``(3) Evaluation.--The Secretary shall evaluate each
application approved under this section and provide an annual
report to Congress detailing each of the Secretary's
determinations that the approved applications during the year
did not supplant existing Federal or joint Federal-State
programs in violation of this subsection.
``(k) Coordination.--The Secretary shall coordinate the program
under this section with the programs of the Corporation for National
and Community Service.
``(l) Reporting Requirements.--
``(1) Reports to secretary.--As a condition of receipt of a
grant under this section for a local care corps program, an
eligible entity shall agree to submit annual reports to the
Secretary including--
``(A) the number of volunteers serving in the local
care corps program of the eligible entity during the
preceding fiscal year;
``(B) the demographic characteristics of those
volunteers;
``(C) the hours of service of those volunteers;
``(D) the types of services provided by those
volunteers;
``(E) a description of the population served by the
eligible entity through the grant during the preceding
fiscal year, including--
``(i) an estimate of the number of
individuals served, disaggregated by race,
ethnicity, age, socioeconomic status, and
disability status; and
``(ii) identification of the type of
settings in which the services were provided;
``(F) an evaluation of program operations,
including screening and criminal history background
checks of volunteers, in-person orientation and
training programs for volunteers, recruitment and
retention of volunteers, volunteer assignment and
recognition, and outcomes for individuals receiving
services through the program;
``(G) an evaluation of the satisfaction of
individuals in need who have received or are receiving
services through the program; and
``(H) recommendations, if any, for improving
programs funded under this section.
``(2) Report to congress.--Not later than the end of fiscal
year 2021, the Secretary shall submit a report to Congress on
local care corps programs funded under this section,
including--
``(A) summaries of the information submitted to the
Secretary pursuant to paragraph (1); and
``(B) recommendations, if any, for improving
programs funded under this section to more directly
improve the recruitment and retention of the home care
worker force.
``(m) Guidance.--The Secretary shall issue guidance specifying,
consistent with this section, the requirements which a local care corps
program must meet to be funded through a grant under this section.
``SEC. 340J-1. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this subpart
$10,000,000 for each of fiscal years 2020 through 2024, to remain
available until expended.''.
<all>
Care Corps Demonstration Act of 2020
#4682 | S Congress #116
Policy Area: Health
Subjects: Adult day careAgingAllied health servicesCriminal justice information and recordsDisability assistanceEmployee benefits and pensionsEmployee hiringHealth care costs and insuranceHealth care coverage and accessHealth programs administration and fundingHigher educationSocial work, volunteer service, charitable organizationsStudent aid and college costs
Last Action: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (9/24/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text