[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4720 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 4720

 To direct the Secretary of Labor to award grants for the recruitment, 
           retention, and advancement of direct care workers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 18, 2023

 Mr. Scott of Virginia (for himself, Ms. Wild, Ms. Lee of Nevada, Mr. 
DeSaulnier, and Ms. Bonamici) introduced the following bill; which was 
   referred to the Committee on Education and the Workforce, and in 
 addition to the Committee on Energy and Commerce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of Labor to award grants for the recruitment, 
           retention, and advancement of direct care workers.

    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 ``Direct Creation, Advancement, and 
Retention of Employment Opportunity Act of 2023'' or the ``Direct CARE 
Opportunity Act of 2023''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Nearly 25,000,000 adults in the United States require 
        assistance completing self-care and other daily tasks due to 
        physical, cognitive, developmental, or behavioral conditions. 
        This number includes approximately 22,700,000 individuals 
        living in the community, 1,300,000 residing in nursing homes, 
        and 900,000 in residential care.
            (2) According to the PHI, direct care workers provide most 
        of the paid, hands-on care for older individuals and 
        individuals with disabilities.
            (3) The assistance of direct care workers allows older 
        individuals and individuals with disabilities to live with 
        dignity and safety, and to exercise their right to live 
        independently in their own homes and communities, in keeping 
        with what is most appropriate for their needs and preferences. 
        Older individuals and individuals with disabilities may also 
        participate in the direct care workforce, further supporting 
        their ability to live independently.
            (4) The direct care workforce is diverse. Almost 9 in 10 
        direct care workers are women, and 61 percent are people of 
        color, with women of color growing as a share of the workforce 
        across every long-term care setting between 2009 and 2019.
            (5) From 2021 to 2031, home care occupations are projected 
        to create nearly a million new jobs. Home care is also among 
        the fastest-growing occupations, and with the projected growth 
        in the population over age 65, this may underestimate the 
        number of home care workers that will be needed to provide care 
        for this growing population.
            (6) Due to transitions to other occupations or exits from 
        the labor force, there will be an estimated 7,900,000 total job 
        openings in direct care from 2020 to 2030.
            (7) Many direct care workers lack access to a career 
        pathway or advanced training opportunities. This limits their 
        ability to build competency and expertise in their field that, 
        when gained, may lead to an increase in their earning capacity. 
        According to PHI, more than half of home care workers have 
        completed no formal education beyond high school, making high-
        quality, transferable training essential to success on the job.
            (8) The median wage for direct care workers is $14.27 per 
        hour, and wages and earnings for home care workers are even 
        lower in rural areas. Because of low wages, variable work 
        hours, and the inability to access workplace-based benefits, 40 
        percent of direct care workers live in low-income households, 
        and 14 percent of the workers from such households live below 
        the poverty line. Nearly half of direct care workers rely on 
        some form of public assistance to support themselves and their 
        families.
            (9) Direct care workers face high injury rates, as they are 
        up to three or more times likelier to experience workplace 
        injuries than the typical worker in the United States.
            (10) The poor quality of these jobs contribute to high 
        turnover, low job satisfaction, and workforce shortages. This 
        impacts the quality of care and availability of supports for 
        older individuals and individuals with disabilities.
            (11) The Institute of Medicine found that to ensure that 
        the United States is prepared to meet the health care needs of 
        older individuals during the 21st century, it is essential that 
        the capacity of the direct care workforce be enhanced in both 
        the number of workers available and their ability to meet their 
        own health care and quality of life needs.
            (12) Training has been shown to reduce worker turnover, 
        reduce rates of injury, and lead to increased job satisfaction.
            (13) Wraparound services, such as career navigation 
        support, mentoring, and vouchers for child care or 
        transportation, have been shown to have a positive effect on 
        program completion and employment outcomes, like increased 
        wages.
            (14) Career pathways are an evidence-based approach to 
        workforce development that aligns secondary and postsecondary 
        education to labor market needs. It involves articulated steps 
        of education, training, and employment within an industry 
        sector or occupation that leads to the progressive attainment 
        of skills and wages.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Apprenticeship program.--The term ``apprenticeship 
        program'' means an apprenticeship program registered under the 
        Act of August 16, 1937 (commonly known as the ``National 
        Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 
        et seq.).
            (2) Direct care worker.--The term ``direct care worker'' 
        means--
                    (A) a direct support professional;
                    (B) a worker providing direct care services, which 
                may include palliative care, in a home or community-
                based setting;
                    (C) a respite care provider who provides short-term 
                support and care to an individual in order to provide 
                relief to a family caregiver;
                    (D) a direct care worker, as defined in section 
                799B of the Public Health Service Act (42 U.S.C. 295p); 
                or
                    (E) an individual in any other position or job 
                related to those described in subparagraphs (A) through 
                (D), as determined by the Secretary of Labor, in 
                consultation with the Secretary of Health and Human 
                Services.
            (3) Direct support professional.--The term ``direct support 
        professional'' means a worker who provides services, in a home 
        or community-based setting, to individuals with disabilities 
        that promote their independence, well-being, and community 
        inclusion, including--
                    (A) providing services related to coaching and 
                career development, employment assistance, or the 
                pursuit of personal goals;
                    (B) aiding activities of daily living;
                    (C) supporting communication; or
                    (D) providing habilitation services or other 
                supports.
            (4) Eligible entity.--The term ``eligible entity'' means an 
        entity that is--
                    (A) a State;
                    (B) a labor organization or a joint labor-
                management organization;
                    (C) a nonprofit organization with experience in 
                aging, disability, supporting the rights and interests 
                of direct care workers, or training or educating direct 
                care workers;
                    (D) an Indian Tribe or Tribal organization;
                    (E) an urban Indian organization;
                    (F) a State board or local board;
                    (G) a nonprofit or governmental organization--
                            (i) with expertise in identifying and 
                        addressing the care needs of older individuals 
                        and individuals with disabilities and their 
                        caregivers; and
                            (ii) which may include one or more of the 
                        following--
                                    (I) an area agency on aging (as 
                                defined in section 102 of the Older 
                                Americans Act of 1965 (42 U.S.C. 
                                3002));
                                    (II) a center for independent 
                                living (as described in part C of title 
                                VII of the Rehabilitation Act of 1973 
                                (29 U.S.C. 796f et seq.)); or
                                    (III) an Aging and Disability 
                                Resource Center (as defined in section 
                                102 of the Older Americans Act of 1965 
                                (42 U.S.C. 3002));
                    (H) a partnership between or among--
                            (i)(I) an institution of higher education; 
                        or
                             (II) an area career and technical 
                        education school; and
                            (ii)(I) an entity described in any of 
                        subparagraphs (A) through (G); or
                            (II) a consortium described in subparagraph 
                        (I); or
                    (I) a consortium of entities listed in any of 
                subparagraphs (A) through (G).
            (5) Employ; employer.--The terms ``employ'' and 
        ``employer'' have the meanings given the terms in section 3 of 
        the Fair Labor Standards Act (29 U.S.C. 203 et seq.).
            (6) Indian tribe; tribal organization.--The terms ``Indian 
        tribe'' and ``tribal organization'' have the meanings given 
        such terms in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304).
            (7) Individual with a significant disability.--The term 
        ``individual with a significant disability'' has the meaning 
        given the term in section 7 of the Rehabilitation Act of 1973 
        (29 U.S.C. 705).
            (8) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001) or section 102(a)(1)(B) of such Act (20 U.S.C. 
        1002(a)(1)(B)).
            (9) Secretary; secretary of labor.--The terms ``Secretary'' 
        and ``Secretary of Labor'' means the Secretary of Labor, acting 
        through the Assistant Secretary for Employment and Training.
            (10) Secretary of health and human services.--The term 
        ``Secretary of Health and Human Services'' means the Secretary 
        of Health and Human Services, acting through the Administrator 
        for the Administration for Community Living.
            (11) State.--The term ``State'' has the meaning given the 
        term in section 3 of the Carl D. Perkins Career and Technical 
        Education Act of 2006 (20 U.S.C. 2302).
            (12) Supportive services.--The term ``supportive services'' 
        means services such as transportation, child care, dependent 
        care, food, housing, and needs-related payments, that are 
        necessary to enable an individual to participate in a strategy 
        to be funded with a grant under this Act.
            (13) Workforce innovation and opportunity act terms.--The 
        terms ``area career and technical education school'', ``career 
        pathway'', ``career planning'', ``eligible youth'', ``in-demand 
        industry sector or occupation'', ``individual with a barrier to 
        employment'', ``individual with a disability'', ``local 
        board'', ``older individual'', ``one-stop center'', ``on-the-
        job training'', ``recognized postsecondary credential'', 
        ``region'', and ``State board'' have the meanings given such 
        terms in section 3 of the Workforce Innovation and Opportunity 
        Act (29 U.S.C. 3102).
            (14) Work-based learning.--The term ``work-based learning'' 
        has the meaning given the term in section 3 of the Carl D. 
        Perkins Career and Technical Education Act of 2006 (20 U.S.C. 
        2302).

SEC. 4. AUTHORITY TO AWARD GRANTS; DURATION.

    (a) Authority To Award Grants.--Not later than 12 months after the 
date of enactment of this Act, from the amounts appropriated under 
section 10(a) (and not reserved under paragraph (2) of such section), 
the Secretary of Labor in consultation with the Secretary of Health and 
Human Services, shall award grants to eligible entities to assist such 
entities in developing and implementing strategies for the recruitment, 
retention, or advancement of direct care workers.
    (b) Interagency Cooperation.--
            (1) In general.--To receive assistance from the Secretary 
        of Health and Human Services in administering or awarding 
        grants, or providing technical assistance under this Act, the 
        Secretary of Labor may--
                    (A) enter into an agreement with the Secretary of 
                Health and Human Services;
                    (B) transfer to the Secretary of Health and Human 
                Services a portion of the amounts appropriated under 
                section 10(a); or
                    (C) receive from the Secretary of Health and Human 
                Services a portion of the amounts appropriated under 
                section 10(b).
            (2) Procedures and criteria.--An agreement entered into 
        under paragraph (1)--
                    (A) shall specify whether the procedures of the 
                Secretary of Labor or the Secretary of Health and Human 
                Services, or whether a single set of criteria developed 
                by both Secretaries, shall be used to administer or 
                award grants, or provide technical assistance, under 
                this Act; and
                    (B) may require that applicants for a grant under 
                this Act submit a single application for joint review 
                by the Secretary of Labor and the Secretary of Health 
                and Human Services.
    (c) Duration.--A grant under this Act shall be for not less than 5 
years.

SEC. 5. APPLICATIONS; CONSULTATION.

    (a) Applications.--
            (1) In general.--An eligible entity seeking a grant under 
        this Act shall submit to the Secretary an application at such 
        time, in such manner, and containing such information as the 
        Secretary, in consultation with the Secretary of Health and 
        Human Services, may require, which shall include the 
        information listed in paragraph (2).
            (2) Contents.--An application submitted under paragraph (1) 
        by an eligible entity seeking a grant under this Act shall 
        include each of the following:
                    (A) Information with respect to the State or 
                geographic area to be served by such grant, including 
                the following:
                            (i) Demographic information regarding the 
                        population, including a description of the 
                        populations likely to need direct care 
                        services, such as the aging population and 
                        individuals with significant disabilities.
                            (ii) Projections of unmet need for direct 
                        care services, which may include, enrollment on 
                        waiting lists under home and community-based 
                        waivers under section 1115 of the Social 
                        Security Act (42 U.S.C. 1315) or section 
                        1915(c) of such Act (42 U.S.C. 1396n(c)), 
                        demand for long-term care provided through the 
                        Department of Veterans Affairs, demand for 
                        services provided under title III of the Older 
                        Americans Act of 1965 (42 U.S.C. 3021 et seq.), 
                        and other relevant data to the extent 
                        practicable.
                            (iii) Current and projected job openings 
                        for direct care workers and relevant labor 
                        market information related to such workers, and 
                        the geographic scope of the workforce to be 
                        served.
                    (B) A description of each specific strategy that 
                the eligible entity will develop and implement using 
                the grant to reduce barriers to recruitment, retention, 
                or advancement of direct care workers, including--
                            (i) a description of how the eligible 
                        entity will consult and coordinate with the 
                        entities described in subsection (b) on the 
                        development and implementation of the strategy; 
                        and
                            (ii) an assurance that the eligible entity 
                        will implement the strategy in consultation 
                        with--
                                    (I) individuals receiving direct 
                                care services, including the aging 
                                population and individuals with 
                                disabilities; and
                                    (II) individuals performing direct 
                                care services, which may include family 
                                caregivers.
                    (C) In the case in which a strategy described in 
                subparagraph (B) will include the provision of wages 
                (or other compensation or benefits) to direct care 
                workers (or individuals training to become such 
                workers) participating in activities carried out under 
                the strategy--
                            (i) an assurance that the provision of such 
                        wages will result in a wage for such workers 
                        that is not less than the greater of--
                                    (I) the minimum wage required under 
                                section 6(a) of the Fair Labor 
                                Standards Act of 1938 (29 U.S.C.