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Code · BILL · 116th Congress · H.R. 4397 (Introduced in House) — To award grants for the recruitment, retention, and advancement of direct care workers. · Sec. 5

Sec. 5. Project plans; consultation

1,046 words·~5 min read·/bill/116/hr/4397/ih/section-5

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To receive a grant under this Act, an eligible entity shall submit to the Secretary a project plan for each project to be developed and carried out (or for activities to be continued) with the grant at such time and in such manner as the Secretary may determine, and which shall contain the information described in paragraph (2). A project plan submitted by an eligible entity under paragraph
(1)shall include a description of each of the following: Current or projected job openings for, or relevant labor market information related to, direct care workers in the State or region to be served by the project, and the geographic scope of the workforce to be served by the project. Specific efforts and strategies that the project will undertake to reduce barriers to recruitment, retention, or advancement of direct care workers, including an assurance that such efforts will include— an assessment of the wages or other compensation or benefits necessary to recruit and retain direct care workers; and a description of the project’s projected wages and other compensation or benefits for direct care workers at the State or local level, including a comparison of such projected wages to regional and national wages. In the case of a project offering an education and training program, a description of such program (including any curricula, models, and standards used under the program, and any associated recognized postsecondary credentials for which the program provides preparation, as applicable), which shall include an assurance that such program will provide— an apprenticeship program, work-based learning, or on-the-job training opportunities; supervision or mentoring; and a progressively increasing, clearly defined schedule of wages to be paid to the direct care worker that— is consistent with skill gains or attainment of a recognized postsecondary credential; and ensures the entry wage is not less than the greater of— the minimum wage required under section 6(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a) ); or the applicable wage required by other applicable Federal or State law, or a collective bargaining agreement. If applicable, any other innovative models or processes the eligible entity will implement to support the retention of direct care workers. The supportive services and benefits to be provided to direct care workers to support the retention of employment of direct care workers. How the eligible entity will make use of career planning to support the identification of advancement opportunities and career pathways for direct care workers in the State or region to be served by the project. How the eligible entity will collect and submit to the Secretary workforce data and outcomes of the project. How the project will— provide adequate and safe equipment, and facilities for training and supervision, including a safe work environment free from discrimination; provide safety training for direct care workers as part of the education and training program described in subparagraph (C), as applicable; and provide adequate training for mentors and qualified instructors to ensure compliance with clause
(i)and, as applicable, clause (ii). How the eligible entity will consult on the implementation of the project, or coordinate the project with, each of the following entities, to the extent that each such entity is not a part of the eligible entity: The State agency responsible for administering the State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) (or waiver of the plan), or the State agency with primary responsibility for providing services and supports for individuals with intellectual disabilities and individuals with developmental disabilities, for the State to be served by the project. The local board and State board for the State or for each region to be served by the project. A nonprofit organization with demonstrated experience with respect to direct care workers. In the case of a project that carries out an education and training program, a nonprofit organization with demonstrated experience in the development or delivery of curricula or coursework. A nonprofit organization that fosters the professional development and collective engagement of direct care workers, including labor organizations. A nonprofit organization with expertise in identifying and addressing the care needs of older individuals and individuals with disabilities and their caregivers (including area agencies on aging, as defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ), and centers for independent living, as described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq.)). A nonprofit State provider association that represents providers who employ direct care workers, where such associations exist. An entity that employs direct care workers. An assurance that any benefit or service provided under the project will be provided at no cost to a direct care worker or individuals assisted by such workers. How the eligible entity will consult with individuals employed as direct care workers, representatives of such workers, individuals assisted by such workers, and the families of such individuals throughout the project. Outreach efforts to individuals for participation in such project, including targeted outreach efforts to— individuals who are recipients of assistance under a State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.) or individuals who are eligible for such assistance; and individuals with barriers to employment. In selecting eligible entities to receive a grant under this Act, the Secretary shall— ensure— equitable geographic and demographic diversity, including rural and urban areas; and that selected eligible entities will serve areas where direct care, or a related occupation, is an in-demand industry sector or occupation; and give priority to eligible entities proposing to predominantly serve the individuals described in clauses
(i)and
(ii)of paragraph (2)(L). The Secretary shall encourage each eligible entity receiving a grant under this Act, in developing and carrying out a project, to consult with— institutions of higher education; the State Apprenticeship Agency recognized 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.), for the State or region to be served by the eligible entity or, if no such agency has been recognized in the State or region, the Office of Apprenticeship of the Department of Labor; and one-stop centers.
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