,i #aaeth ,,congress #ast ,session ,h4 ,r4 #cggh ,,in ,,the ,,house ,,of ,,representatives ,september #ad1 #bjag,mr4 ,scott of ,virginia 7for himself and ,mrs4 ,davis of ,california7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce1 and in addition to the ,committee on ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to award grants for the recruitment1 retention1 and advancement of direct care workers4 #a4 ,short title ,this ,act may be cited as the ,direct ,creation1 ,advancement1 and ,retention of ,employment ,opportunity ,act or the ,direct ,,care ,opportunity ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,millions of seniors and persons with disabilities in the ,united ,states require assistance with activities of daily living in order to live independently and participate in their communities4 7#b7 ,the assistance of direct care workers allows seniors and persons with disabilities to live with dignity1 safety and independence in their own homes and communities and in the most integrated settings appropriate to their needs and preferences4 7#c7 ,the ,institute of ,medicine has found that direct care workers provide the bulk of services for older adults in nursing homes1 assisted living facilities1 and individuals' homes4 7#d7 ,the ,bureau of ,labor ,statistics projects that personal care aides and home health aides will be two of the occupations with the most new jobs created in the country by #bjbd4 7#e7 ,many direct care workers lack access to a career ladder or advanced training opportunities and1 according to ,,phi1 more than half of home care workers have completed no formal education beyond high school1 making quality1 transferable training essential to success on the job4 7#f7 ,according to ,,phi1 direct care workers earn a median wage of just over #aj an hour and frequently are not provided the workplace-based benefits that would allow them to care for themselves and their families4 7#g7 ,according to ,national ,women's ,law ,center's analysis of ,census ,bureau data1 the vast majority of direct care workers are women1 and women of color represent nearly half of the direct care workforce4 7#h7 ,according to the ,federal ,commission on ,long-,term ,care1 there is high turnover and workforce shortages in direct care occupations1 which can contribute to reduced care quality4 7#i7 ,the ,institute of ,medicine found that to ensure that the ,united ,states is prepared to meet the health care needs of older ,americans during the #bast century1 it is essential that the capacity of the direct care workforce be enhanced in both size and ability to meet their health care and quality of life needs4 #c4 ,grants for recruitment1 retention1 and advancement of direct care workers 7a7 ,authority ,to award grants ,not later than #ab months after the date of enactment of this section1 the ,secretary of ,labor1 in consultation with the ,secretary of ,health and ,human ,services1 shall award grants to not more than #ae eligible entities to conduct projects for purposes of recruiting1 retaining1 or providing advancement opportunities to direct care workers4 7b7 ,duration 7#a7 ,grant period ,a grant under this section shall be for not less than #e years4 7#b7 ,length of project ,a project assisted with a grant awarded under this section shall be conducted for not less than #c years4 7c7 ,project plans 7#a7 ,in general ,to receive a grant under this section1 an eligible entity shall submit to the ,secretary a project plan at such time and in such manner as the ,secretary may determine1 which shall contain the information described in paragraph 7#b74 7#b7 ,contents ,each project plan submitted by an eligible entity under paragraph 7#a7 shall include a description of the following3 7,a7 ,current or projected workforce vacancies and supply of direct care workers in the ,state or region to be served by the eligible entity1 and the geographic scope of the workforce to be served4 7,b7 ,specific efforts and strategies that the project will undertake to reduce barriers to recruitment1 retention1 and advancement of direct care workers1 including whether such efforts will include-- 7i7 assessment of the wages or other compensation or benefits necessary to recruit and retain direct care workers1 conducted in consultation with individuals employed as direct care workers1 representatives of such workers1 individuals assisted by such workers1 and the families of such individuals2 7ii7 analysis of reliable data that has previously been collected with respect to such wages or other compensation or benefits2 7iii7 validation and implementation of successful training models1 standards1 and curricula 7such as the models1 standards1 and curricula used in the grants awarded under section #bjjh7;b7 of the ,social ,security ,act for developing training competencies and certification programs for direct care workers 7#db ,u4,s4,c4 #acig;g77 or through work-based learning strategies1 career pathways1 supervision1 or mentoring2 or 7iv7 any other supportive services or benefits provided to create or sustain employment for direct care workers4 7,c7 ,the models1 standards1 and curricula the eligible entity will carry out under subparagraph 7,b74 7,d7 ,any other supportive services provided to assist in the goals of the project1 if applicable4 7,e7 ,identification of advancement opportunities and strategies to expand career pathways for direct care workers in the ,state or region to be served by the eligible entity1 if applicable4 7,f7 ,how the eligible entity will collect and submit to the ,secretary workforce data and outcomes of the project to be assisted with the grant under this section4 7,g7 ,how the eligible entity will consult on the implementation of the project1 or coordinate the project with1 each of the following entities1 to the extent that each such entity is not a part of the eligible entity3 7i7 ,the ,state agency responsible for administering the ,state plan under title ,,xix of the ,social ,security ,act 7or waiver of the plan74 7ii7 ,local boards and ,state boards for the ,state or region to be served by the eligible entity4 7iii7 ,nonprofit organizations with demonstrated experience in the recruitment1 training1 employment1 or career consultation of direct care workers or the development of curricula or coursework to be used in the training under the project4 7iv7 ,nonprofit organizations that foster the professional development and collective engagement of direct care workers1 including labor organizations4 7v7 ,nonprofit organizations with an expertise in identifying and addressing the care needs of local seniors and people with disabilities and their caregivers 7including area agencies on aging1 centers for independent living1 and aging and disability resource centers74 7vi7 ,nonprofit ,state provider associations that represent providers who employ direct care workers1 where such associations exist4 7,h7 ,how the eligible entity will consult with individuals employed as direct care workers1 representatives of such workers1 individuals assisted by such workers1 and the families of such individuals throughout the project4 7,i7 ,outreach efforts to individuals for participation in such project1 including targeted outreach to recipients of assistance under a ,state program funded under part ,a of title ,,iv of the ,social ,security ,act or individuals who are eligible for such assistance4 7#c7 ,evaluation ,in selecting eligible entities to receive a grant under this section1 the ,secretary shall-- 7,a7 ensure-- 7i7 geographic and demographic diversity1 including rural and urban areas2 and 7ii7 that selected eligible entities will serve areas where direct care1 or related occupations1 is considered an in-demand industry sector or occupation2 and 7,b7 evaluate the efficacy of each project plan submitted under paragraph 7#b7-- 7i7 for recruiting1 retaining1 and providing advancement opportunities for direct care workers2 and 7ii7 on the methods used to recruit1 retain1 and provide advancement opportunities to direct care workers4 7d7 ,consultation ,the ,secretary shall encourage each eligible entity receiving a grant under this section-- 7#a7 in developing and carrying out a project under this section1 to consult with-- 7,a7 institutions of higher education2 7,b7 entities that employ direct care workers2 7,c7 the ,state ,apprenticeship ,agency recognized under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act71 for the ,state or region to be served by the eligible entity or1 if no such agency has been recognized in the ,state or region1 the ,office of ,apprenticeship of the ,department of ,labor2 and 7,d7 one-stop centers2 and 7#b7 in carrying out a project under this section1 to coordinate1 to the extent practicable1 activities under the project with activities under the grants awarded under section #bjjh of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;g74 7e7 ,uses of funds ,each eligible entity receiving a grant under this section shall use such funds to carry out a project or to continue a project commenced prior to receipt of such grant that develops and implements a strategy for the recruitment1 retention1 or advancement of direct care workers1 which includes the activities described in subsection 7c77#b71 and that provides compensation to each eligible direct care worker for any training received under the project4 7f7 ,supplement1 not supplant ,an eligible entity receiving a grant under this ,act shall use such grant only to supplement1 and not supplant1 the amount of funds that1 in the absence of such grant1 would be available to address the recruitment1 retention1 and advancement of direct care workers in the ,state or region served by the eligible entity4 7g7 ,reports 7#a7 ,eligible entities 7,a7 ,in general ,not later #f months after the completion of each project assisted with a grant under this section1 the eligible entity that received such grant shall submit to the ,secretary of ,labor and the ,secretary of ,health and ,human ,services a report on the progress and outcomes of the project1 which data shall be disaggregated in the manner described in subparagraph 7,b71 and shall include the following3 7i7 ,the number of individuals served by the project1 including-- 7,i7 the number of individuals recruited to be employed as an direct care worker2 and 7,,ii7 the number of individuals who attained employment as an direct care worker4 7ii7 ,the percentage of individuals described in clause 7i77,,ii7 employed as an direct care worker in the manner described in subclause 7,i7 of section #aaf7;b77#b77;,a77i7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7;b77#b77;,a77i774 7iii7 ,the percentage of individuals described in clause 7i77,,ii7 employed in the manner described in subclause 7,,ii7 of section #aaf7;b77#b77;,a77i7 of such ,act 7#bi ,u4,s4,c4 #cada7;b77#b77;,a77i774 7iv7 ,the number of individuals or families assisted by direct care workers4 7v7 ,the number of direct care workers who received and completed the following training or education in the field of direct care1 if applicable3 7,i7 ,entry-level training4 7,,ii7 ,advanced-level training4 7,,iii7 ,continuing education4 7,,iv7 ,professional development1 mentoring1 or supervision4 7vi7 ,the median earnings of individuals completing each type training or education described in clause 7v71 as determined in accordance with section #aaf7;b77#b77;,a77i77,,iii7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7;b77#b77;,a77i77,,iii774 7vii7 ,how the project assessed satisfaction with respect to-- 7,i7 direct care workers assisted by the project2 7,,ii7 individuals receiving services delivered by such workers1 including any impact on the health care outcomes of such individuals2 and 7,,iii7 employers of such workers1 as determined in accordance with section #aaf7;b77#b77;,a77i77,,vi7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7;b77#b77;,a77i77,,vi774 7viii7 ,other services1 benefits1 or supports 7other than the services1 benefits1 or supports described in clause 7v77 provided to assist in the recruitment1 retention1 and advancement of direct care workers1 the number of individuals who accessed such services1 benefits1 or supports1 and the impact of such services1 benefits1 or supports4 7,b7 ,disaggregation ,the data collected under clauses 7i7 through 7vi7 of subparagraph 7,a7 shall be disaggregated by race1 ethnicity1 sex1 and age in accordance with section #aaf7;d77#b77;,b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7;d77#b774 7,c7 ,supplemental outcomes information ,eligible entities shall submit supplemental information detailing the outcomes of the project1 including explanations of the information provided in accordance with 7,a74 7#b7 ,secretaries ,not later than #a year after the completion of each project assisted with a grant under this section1 the ,secretary of ,labor1 in consultation with the ,secretary of ,health and ,human ,services1 shall prepare and submit to ,congress a report containing-- 7,a7 the progress and outcomes of the project submitted by the eligible entity under paragraph 7#a72 7,b7 an analysis of the workforce supply1 current and projected shortages1 and distribution of direct care workers at a national1 regional1 and ,state level2 and 7,c7 recommendations for such legislative or administrative action as the ,secretaries determine appropriate4 7#c7 ,,gao report ,not later than #a year after the completion of each project assisted with a grant under this section1 the ,comptroller ,general of the ,united ,states shall conduct a study and submit to ,congress a report including-- 7,a7 an assessment of how the project assisted in the recruitment1 retention1 and advancement of direct care workers2 and 7,b7 such recommendations for legislative or administrative changes as the ,comptroller ,general determines are appropriate4 7h7 ,technical assistance ,not later than #f months after the date of enactment of this ,act1 the ,secretary of ,labor shall provide technical assistance to eligible entities1 for purposes of compliance with subsection 7g77#a7 of this section1 on-- 7#a7 the disaggregation requirements of section #aaf7;d77#b77;,b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7;d77#b772 and 7#b7 the data collection requirements of section #aaf7;b77#b77;,a77i7 of such ,act 7#bi ,u4,s4,c4 #cada7;b77#b77;,a77i774 7i7 ,authorization of appropriations ,there are authorized to be appropriated such funds as may be necessary to carry out this section for each of fiscal years #bjah through #bjbb4 7j7 ,definitions ,in this ,act3 7#a7 ,career pathway ,the term career pathway has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#b7 ,direct care worker ,the term direct care worker has the meaning given the term in section #gii;,b of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #biep74 7#c7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state2 7,b7 a nonprofit organization1 labor organization1 or an entity with shared labor-management oversight-- 7i7 with an established record of recruiting or providing training to direct care workers2 or 7ii7 that established a training program in consultation with an organization with an established record of providing training to direct care workers2 7,c7 a local board2 7,d7 a nonprofit entity carrying out a registered apprenticeship program2 7,e7 ,indian tribe or tribal organization2 or 7,f7 a consortium of entities listed in subparagraph 7,a71 7,b71 7,c71 7,d71 or 7,e7 which may include an institution of higher education4 7#d7 ,employ2 employer ,the terms employ and employer have the meanings given the terms in section #c of the ,fair ,labor ,standards ,act 7#bi ,u4,s4,c4 #bjc et seq474 7#e7 ,indian tribe2 tribal organization ,the terms ,indian tribe and tribal organization have the meanings given such terms in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#f7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 7#g7 ,local board ,the term local board has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#h7 ,in-demand industry sector or occupation ,the term in-demand industry sector or occupation has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#i7 ,one-stop center ,the term one-stop center has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#aj7 ,region ,the term region has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#aa7 ,registered apprenticeship program ,the term registered apprenticeship program has the meaning given the term in section #aga7;b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbf7;b774 7#ab7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#ac7 ,state ,the term ,state means any ,state of the ,united ,states or the ,district of ,columbia ,district of ,columbia1 and any commonwealth1 possession1 or other territory of the ,united ,states4 7#ad7 ,state board ,the term ,state board has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#ae7 ,work-based learning strategy ,the term work-based learning strategy means a strategy 7which may be a registered apprenticeship7 that provides workers with paid work experience and corresponding classroom instruction1 as appropriate1 delivered in an employment relationship that both the employer and worker intend to be permanent4