,,ii #aafth ,,congress #b;d ,session ,s4 #dfhb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bd1 #bjbj,mr4 ,udall 7for himself1 ,ms4 ,baldwin1 ,mr4 ,van ,hollen1 ,mr4 ,king1 ,ms4 ,smith1 ,mrs4 ,gillibrand1 ,mr4 ,blumenthal1 ,mr4 ,heinrich1 ,mr4 ,carper1 and ,ms4 ,klobuchar7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to provide grants for local care corps programs4 #a4 ,short title ,this ,act may be cited as the ,care ,corps ,demonstration ,act of #bjbj4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 personal care services 7also referred to as personal assistance services or personal attendant services7-- 7,a7 provide critical support for individuals with disabilities and older adults to live as independently as possible in their homes and communities1 thereby avoiding unwanted and often more costly institutionalization in nursing homes and other facilities2 and 7,b7 serve as a critical component of independent living for individuals with disabilities and older adults2 7#b7 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 communities2 and 7#c7 local care corps programs supported pursuant to subpart ,,xiii of part ,d of title ,,iii of the ,public ,health ,service ,act1 as added by section #c of this ,act1 are intended to supplement and not supplant the work of individuals in these professions4 #c4 ,grants for local care corps programs ,part ,d of title ,,iii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;b et seq47 is amended by adding at the end the following3 ,,xiii ,local care corps programs #cdj;,j4 ,grants for local care corps programs 7a7 ,in general ,the ,secretary may award grants to eligible entities described in subsection 7b7 to establish and implement a local care corps program through which eligible volunteers described in subsection 7c7 perform approved care services described in subsection 7d74 7b7 ,eligible entities ,to be eligible to receive a grant under this section1 an entity shall be a public or private nonprofit entity 7including any such entity that is faith-based7 that is-- 7#a7 part of an aging network1 as defined in section #ajb7e7 of the ,older ,americans ,act of #aife2 7#b7 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 disabilities2 7#c7 a ,state1 county1 ,tribal1 or local government2 7#d7 a center for independent living 7as defined in section #gjb of the ,rehabilitation ,act of #aigc72 or 7#e7 any other entity that-- 7,a7 has expertise in delivering home- and community-based long-term services and supports to older adults or people with disabilities2 or 7,b7 partners with an organization with such expertise4 7c7 ,eligible volunteers 7#a7 ,eligibility criteria ,to be eligible to serve as a volunteer in a local care corps program funded through a grant under this section1 an individual shall-- 7,a7 be at least #ah years of age on or before ,december #ca of the calendar year in which the individual begins participation in the program2 7,b7 agree to participate in the program for a period of not more than #b years1 consisting of not more than #b terms of up to #a year each2 7,c7 submit an application to the grantee at such time1 in such manner1 and containing such information as the grantee may require2 7,d7 pass a criminal background check as described in paragraph 7#b72 and 7,e7 agree to comply with such terms and conditions as the grantee may require4 7#b7 ,criminal background check 7,a7 ,in general ,before selecting any individual to serve as a volunteer in a local care corps program funded through a grant under this section1 the grantee shall request a criminal background check of such individual1 to be performed under similar terms and conditions as background checks performed pursuant to the pilot program under section #cjg of the ,medicare ,prescription ,drug1 ,improvement1 and ,modernization ,act of #bjjc4 7,b7 ,volunteer prohibitions ,an individual shall be ineligible to be a volunteer in such program if-- 7i7 the individual refuses to consent to the criminal background check2 or 7ii7 the criminal background check does not demonstrate to the grantee's satisfaction that the individual is fit for service in such program4 7d7 ,approved care services 7#a7 ,in general ,in carrying out a local care corps program funded through a grant under this section1 the grantee shall assign volunteers only for providing approved care services4 7#b7 ,approved care services ,approved care services are services provided directly to individuals in need 7as defined in paragraph 7#e77 in home-based or community-based settings that-- 7,a7 result in person-to-person1 supportive relationships with each individual served2 7,b7 support the achievement and maintenance of the highest level of independent living for each individual in need2 7,c7 are supported by appropriate orientation1 training1 and professional supervision2 7,d7 are provided in support of1 or in coordination with1 a caregiver1 if applicable2 and 7,e7 support the autonomy1 control1 and choice of each individual served4 7#c7 ,prohibited ,services ,in performing duties as part of a local care corps program funded through a grant under this section1 no volunteer shall provide-- 7,a7 professional health care services2 7,b7 monitoring of and assistance with activities of daily living2 7,c7 administrative support services of the program2 7,d7 care in an institutional setting2 7,e7 care prohibited under ,state law2 7,f7 financial services2 7,g7 care that the volunteer has not been properly trained to provide2 or 7,h7 any other services determined by the ,secretary to be inconsistent with the purposes of local care corps programs funded under this section4 7#d7 ,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 section4 ,in issuing such guidance1 the ,secretary shall provide for a public notice and comment period of not less than #fj days before issuing the guidance in final form4 7#e7 ,individual in need ,in this subsection1 the term individual in need means an individual who-- 7,a7 is at least #fj years of age or has a disability as defined in section #c of the ,americans with ,disabilities ,act of #aiij2 7,b7 has difficulty with self-care or living independently2 and 7,c7 meets such other criteria as the grantee determines to be appropriate4 7e7 ,training and standards of conduct 7#a7 ,preassignment training program ,as a condition of receipt of a grant for a local care corps program under this section1 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 program4 ,such training shall include-- 7,a7 at least #dj hours of instruction for each volunteer for each term 7of #a year or less7 to be served in such program1 including-- 7i7 training in cardiopulmonary resuscitation 7,,cpr7 and basic first aid2 and 7ii7 training in how to recognize and report neglect1 abuse1 or exploitation2 7,b7 additional training for volunteers whose assignment requires further instruction to care for specific dementias and disabilities2 and 7,c7 any other training the grantee determines to be appropriate4 7#b7 ,standards of conduct ,as a condition of receipt of a grant for a local care corps program under this section1 an eligible entity shall agree to establish and enforce standards to promote proper conduct and discipline within such program4 7f7 ,authorized benefits for volunteers ,as a condition of receipt of a grant for a local care corps program under this section1 an eligible entity shall agree to the following3 7#a7 ,in general ,the eligible entity will provide for volunteers participating in the program to receive allowances1 health insurance1 and postservice educational awards1 in accordance with this subsection4 7#b7 ,allowances 7,a7 ,authorization ,the eligible entity will provide for each full-time volunteer to receive such living1 travel1 and leave allowances1 and such housing1 transportation1 supplies1 equipment1 and subsistence as the eligible entity determines to be necessary for-- 7i7 the volunteer's maintenance2 and 7ii7 to ensure the volunteer's health and capacity to serve effectively4 7,b7 ,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 volunteer4 7,c7 ,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 need4 7#c7 ,health insurance ,the eligible entity will provide access to health insurance coverage that qualifies as minimum essential health coverage under section #ejjj;,a7f7 of the ,internal ,revenue ,code of #aihf for each volunteer who is not otherwise enrolled in minimum essential health coverage4 7#d7 ,postservice ,educational ,award 7,a7 ,in general ,the eligible entity will establish an educational award for volunteers4 7,b7 ,amounts 7i7 ,number of awards ,a volunteer may receive up to #b educational awards under this subsection1 one for each term of service as a volunteer4 7ii7 ,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 #a year1 as determined by the eligible entity1 such volunteer shall receive an educational award having a value equal to the maximum amount of a ,federal ,pell ,grant under section #dja of the ,higher ,education ,act of #aife that a student eligible for such grant may receive in the aggregate 7without regard to whether the funds are provided through discretionary or mandatory appropriations7 for the award year4 7iii7 ,incentive ,to pursue a health care profession 7,i7 ,incentive ,in the case of a volunteer who commits to using an educational award 7or awards1 if applicable7 under this subsection for completion of a degree1 a certificate1 or training in a health care profession1 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 caregivers1 the value of such awards shall be twice the value that would otherwise be applicable under clause 7ii74 ,the eligible entity may allow the volunteer to revise such commitment by choosing to complete a different such degree1 certificate1 or training than the volunteer originally intended4 7,,ii7 ,breach of commitment ,if a volunteer receives an incentive payment under subclause 7,i7 by committing to completion of a degree1 a certificate1 or training1 and the volunteer subsequently fails after a reasonable period to fulfill the commitment1 the volunteer shall be liable to the eligible entity for the portion of the educational award that is attributable to such incentive payment4 7iv7 ,amount for ,other ,periods of ,service 7,i7 ,first year ,in the case of a volunteer who completes less than a #a-year term of full-time service in the program1 as determined by the eligible entity1 such volunteer may receive a portion of the educational award described in clause 7ii7 or 7iii7 7as applicable7 that corresponds to the quantity of service actually completed by the volunteer4 7,,ii7 ,second year ,in the case of a volunteer who completes more than #a year of full-time service in the program1 and less than #b years of such service1 as determined by the eligible entity1 such volunteer may receive1 for the portion of service exceeding #a year1 a portion of the educational award described in clause 7ii7 or 7iii7 7as applicable7 that corresponds to the quantity of service actually completed by the volunteer4 7v7 ,limitation ,in no case shall the amount of an educational award under this subsection exceed the actual cost of attendance described in subparagraph 7,c77i7 or the actual cost of loans described in subparagraph 7,c77ii71 as applicable4 7,c7 ,uses of ,award ,an educational award under this subsection shall be used to pay-- 7i7 costs of attendance at an institution of higher education2 7ii7 costs of attendance for educational and training programs as determined by the ,secretary2 or 7iii7 government or commercial loans received by an individual for the cost of attendance at an institution of higher education4 7#e7 ,transfer of educational awards 7,a7 ,in general ,a volunteer who is eligible to receive an educational award pursuant to paragraph 7#d7 may elect to transfer the award to a designated individual4 7,b7 ,applicable provisions ,the ,secretary shall apply the provisions of paragraphs 7#b77;,a77ii71 7#c71 7#e71 7#f71 7#h77;,a71 and 7#h77;,b7 of section #adh7;f7 of the ,national and ,community ,service ,act of #aiij to the rule described in subparagraph 7,a7 in a manner that is similar 7as determined by the ,secretary7 to how such provisions are applied to section #adh7;f77#a7 of such ,act4 7#f7 ,definitions ,in this subsection3 7,a7 ,the term cost of attendance has the meaning given such term by section #dgb of the ,higher ,education ,act of #aife4 7,b7 ,the term full-time means serving not fewer than #a1gjj hours over a #a-year period4 7,c7 ,the term institution of higher education has the meaning given such term under subsection 7a7 or 7b7 of section #aja of the ,higher ,education ,act of #aife4 7g7 ,application process ,to seek a grant under this section1 an eligible entity shall-- 7#a7 submit an application to the ,secretary at such time1 in such manner1 and containing such information and assurances as the ,secretary may require2 and 7#b7 include in such application a description of the scope of the services1 training1 and professional supervision proposed to be provided1 and the population to be served1 through the entity's local care corps program4 7h7 ,nondisplacement 7#a7 ,in general ,an application submitted under subsection 7g77#a7 shall contain assurances that-- 7,a7 prior to filing the application1 the eligible entity has received consent from all appropriate ,state or local labor organizations1 if any1 representing workers in the area who are engaged in the same or similar work as that proposed to be carried out by the volunteer1 to prevent the displacement and protect the rights of such employees2 and 7,b7 the eligible entity will not displace an employee1 position1 or volunteer1 including partial displacement such as reduction in hours1 wages1 or employment benefits1 as a result of the placement of a volunteer pursuant to this section4 7#b7 ,grievance procedure 7,a7 ,in general ,as a condition of receipt of a grant for a local care corps program under this section1 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 #aiij and that-- 7i7 concern alleged violations of the assurances provided by the eligible entity under paragraph 7#a71 including such grievances regarding proposed placements of volunteers and displacement of workers2 and 7ii7 are brought by a labor organization or other interested individuals4 7,b7 ,initiation of procedure ,the grievance procedure of an eligible entity under subparagraph 7,a7 shall require grievances to be filed not later than #a year after the date of the alleged occurrence of the event that is the subject of the grievance4 7,c7 ,hearing ,the grievance procedure of an eligible entity under subparagraph 7,a7 shall provide for a hearing on any grievance to be conducted not later than #cj days after the filing of such grievance4 7,d7 ,decision ,the grievance procedure of an eligible entity under subparagraph 7,a7 shall require-- 7i7 a decision on a grievance to be made not later than #fj days after the filing of such grievance2 and 7ii7 adjudication to be conducted by an independent1 jointly selected arbitrator4 7,e7 ,costs ,if a labor organization or other interested individual prevails on a grievance pursuant to the grievance procedure of an eligible entity under subparagraph 7,a71 the eligible entity shall pay the total cost of such proceeding and the attorney's fees of such labor organization or individual1 as the case may be4 ,in any other case1 the cost of an arbitration adjudication proceeding pursuant to such procedure shall be divided evenly between the parties to the arbitration adjudication4 ,a suit to enforce arbitration awards pursuant to the grievance procedure under subparagraph 7,a7 may be brought in any ,federal district court having jurisdiction over the parties without regard to the amount in controversy or the parties' citizenship4 7,f7 ,remedies ,the grievance procedure of an eligible entity under subparagraph 7,a7 shall provide for remedies including-- 7i7 prohibition of the placement of a volunteer2 7ii7 reinstatement of a displaced employee2 7iii7 payment of lost wages and benefits to a displaced employee2 and 7iv7 other equitable relief as is necessary4 7i7 ,additional grievance procedure for volunteers and individuals in need ,in addition to the grievance produce established under subsection 7h77#b71 as a condition of receipt of a grant for a local care corps program under this section1 an eligible entity shall agree to establish and maintain a procedure for resolving grievances that-- 7#a7 concern the program2 and 7#b7 are brought by volunteers participating in the program or individuals in need receiving services through the program4 7j7 ,supplementation 7#a7 ,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 year4 7#b7 ,consideration of aggregate expenditures ,paragraph 7#a7 is satisfied1 with respect to a particular program receiving volunteer services pursuant to a grant under this section1 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 year1 excluding any funds for services pursuant to this section4 7#c7 ,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 subsection4 7k7 ,coordination ,the ,secretary shall coordinate the program under this section with the programs of the ,corporation for ,national and ,community ,service4 7l7 ,reporting requirements 7#a7 ,reports to ,secretary ,as a condition of receipt of a grant under this section for a local care corps program1 an eligible entity shall agree to submit annual reports to the ,secretary including-- 7,a7 the number of volunteers serving in the local care corps program of the eligible entity during the preceding fiscal year2 7,b7 the demographic characteristics of those volunteers2 7,c7 the hours of service of those volunteers2 7,d7 the types of services provided by those volunteers2 7,e7 a description of the population served by the eligible entity through the grant during the preceding fiscal year1 including-- 7i7 an estimate of the number of individuals served1 disaggregated by race1 ethnicity1 age1 socioeconomic status1 and disability status2 and 7ii7 identification of the type of settings in which the services were provided2 7,f7 an evaluation of program operations1 including screening and criminal history background checks of volunteers1 in-person orientation and training programs for volunteers1 recruitment and retention of volunteers1 volunteer assignment and recognition1 and outcomes for individuals receiving services through the program2 7,g7 an evaluation of the satisfaction of individuals in need who have received or are receiving services through the program2 and 7,h7 recommendations1 if any1 for improving programs funded under this section4 7#b7 ,report to ,congress ,not later than the end of fiscal year #bjba1 the ,secretary shall submit a report to ,congress on local care corps programs funded under this section1 including-- 7,a7 summaries of the information submitted to the ,secretary pursuant to paragraph 7#a72 and 7,b7 recommendations1 if any1 for improving programs funded under this section to more directly improve the recruitment and retention of the home care worker force4 7m7 ,guidance ,the ,secretary shall issue guidance specifying1 consistent with this section1 the requirements which a local care corps program must meet to be funded through a grant under this section4 #cdj;,j-#a4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subpart #aj1jjj1jjj for each of fiscal years #bjbj through #bjbd1 to remain available until expended4 4