[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.