Sec. 22302. Grants to support the direct care workforce
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In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $1,480,000,000, to remain available until September 30, 2031, for awarding, on a competitive basis, grants to eligible entities to carry out the activities described in subsection
(c)with respect to direct care workers. An eligible entity seeking a grant under subsection
(a)shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary, in coordination with the Secretary of Health and Human Services acting through the Administrator of the Administration for Community Living, may require. Each application under subparagraph
(A)shall include— a description of the type or types of direct care workers the entity plans to serve through the activities supported by the grant; a description of the one or more eligible partnering entities collaborating to carry out the activities described in subsection (c); an assurance that— the eligible entity will establish a consultative process, as described in subsection (c)(2); and the eligible entity will consult on the implementation of the grant, or coordinate the activities of the grant, with the agencies in the State that are responsible for developmental disability services, aging, education, workforce development, and Medicaid, to the extent that each such entity is not the eligible entity; and a plan for ensuring that the eligible entity will remain neutral in any organizing effort involving direct care workers served by the grant who seek to form, join, or assist a labor organization. In awarding grants under subsection (a), the Secretary, in coordination with the Secretary of Health and Human services acting through the Administrator of the Administration for Community Living, shall ensure equitable geographic diversity in distribution of the grants, including by selecting recipients in rural areas and selecting recipients in urban areas. A grant awarded under this section shall be for a period of 3 years, and may be renewed. The Secretary, in coordination with the Secretary of Health and Human Services acting through the Administrator of the Administration for Community Living, shall award grants (including any renewals) under this section in 3-year cycles subject to the limits set forth in subsection (a). Each eligible entity receiving a grant under subsection
(a)shall use the grant funds to provide competitive wages, benefits, and other supportive services, including transportation, child care, dependent care, workplace accommodations, and workplace health and safety protections, to the direct care workers served by the grant that are necessary to enable such workers to participate in the activities supported by the grant. In addition to the requirement described in subparagraph (A), each eligible entity receiving a grant under subsection
(a)shall use the grant funds for one or more of the following activities: Developing and implementing a strategy for the recruitment of direct care workers. Developing and implementing a strategy for the retention of direct care workers using evidence-based best practices, such as providing mentoring to such workers. Developing or implementing an education and training program for the direct care workers served by the grant, which shall include— education and training on— the rights of direct care workers under applicable Federal, State, or local employment law on— wages and hours, including under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ); safe working conditions, including under the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. ); forming, joining, or assisting a labor organization, including under the National Labor Relations Act ( 29 U.S.C. 153 et seq. ); and other applicable terms and conditions of employment; and relevant Federal and State laws (including regulations) on the provision of home and community-based services; and providing a progressively increasing, clearly defined schedule of hourly wages to be paid to each direct care worker served by the grant for each hour the worker spends on education or training provided through the program described in this clause, with a schedule of hourly wages that— is consistent with measurable skill gains or attainment of a recognized postsecondary credential received as a result of participation in or completion of such education or training program; and ensures that each such worker is compensated for each hour the worker spends on education or training through such program at an entry rate that is not less than the greater of the applicable minimum wage required by other applicable Federal, State, or local law, or a collective bargaining agreement; developing and implementing a strategy for the retention and career advancement of the direct care workers served by the grant, including providing career planning for the direct care workers served by the grant to support the identification of advancement opportunities, and career pathways in the direct care or home care sectors; and using evidence-based models and standards for achievement for the attainment of any associated recognized postsecondary credentials, which include— supporting opportunities to participate in pre-apprenticeship or registered apprenticeship programs, work-based learning, or on-the-job training; providing on-the-job supervision or mentoring to support the development of related skills and competencies throughout completion of such credentials; and training on the in-demand skills and competencies of direct care workers served by the grant, including the provision of culturally competent and disability competent supports and services. Each eligible entity receiving a grant under this section shall consult in the development and implementation of the grant with— individuals with disabilities; older individuals; direct care workers; family caregivers, guardians, or family members; or representatives of— organizations representing the rights and interests of people receiving home and community-based services; provider agencies or employers of direct care workers served by the grant; labor or joint labor-management organizations, or advocacy organizations, representing direct care workers served by the grant; or institutions of higher education or career and technical education schools providing education and training on direct care. An eligible entity receiving a grant under this section shall use such grant only to supplement, and not supplant, the amount of funds that, in the absence of such grant, would be available to the eligible entity to address the recruitment, education and training, retention, or career advancement of direct care workers in the State served by the grant.
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