Sec. 5. Applications; consultation

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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). An application submitted under paragraph

(1)by an eligible entity seeking a grant under this Act shall include each of the following: Information with respect to the State or geographic area to be served by such grant, including the following: 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. 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. 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. 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— 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 an assurance that the eligible entity will implement the strategy in consultation with— individuals receiving direct care services, including the aging population and individuals with disabilities; and individuals performing direct care services, which may include family caregivers. 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— an assurance that the provision of such wages will result in a wage for such workers that 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; and an assessment of the wages (or other compensation or benefits) necessary to recruit, retain, or advance direct care workers. An assurance that the eligible entity will take such steps as may be necessary to reduce or eliminate barriers, including financial barriers, to recipients of direct care services or other benefits provided by any individual who is participating in an activity carried out under the strategy. An assurance that the eligible entity will not charge any participant of such an activity who is a direct care worker or an individual training to be such a worker for any education, training, or supportive services or other benefits provided under the activity. A description of any supportive services and other benefits that will be provided by such grant to enable individuals to participate in any of the activities to be carried out under the strategy. An assurance that the eligible entity will provide adequate and safe equipment or facilities for the training and supervision of direct care workers participating in any activity carried out under the strategy, including an assurance that the eligible entity will provide— a safe work environment (which may include the provision of personal protective equipment and other necessary equipment to prevent the spread of infectious disease among workers and recipients of direct care services); a work environment that is free from discrimination, retaliation, and violence; and adequate training for mentors and qualified instructors to ensure compliance with this subparagraph, including any equipment that may be provided under clause (i). In the case of an eligible entity that will use the grant to offer an education and training program described in section 6(a)(2)(A)— 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, and the training services, if any, provided under the program; and an assurance that such program will meet the applicable requirements under section 6(a)(2)(A). In the case of an eligible entity that will use such grant for the provision of the career planning described in section 6(a)(2)(C), a description of such career planning and how such career planning will meet the requirements of section 6(a)(2)(C). In the case of an eligible entity that will use such grant to develop or implement an innovative model or process to support the retention and career advancement of direct care workers, a description of such model or process. A description of the outreach efforts that the eligible entity will use to identify individuals who may benefit from participating in an activity to be carried out under a strategy described in subparagraph (B), 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. How the eligible entity will collect and submit to the Secretary workforce data and outcomes of each strategy funded under such grant, including for purposes of evaluating or reviewing the strategy under section 7. In selecting eligible entities to receive a grant under this Act, the Secretary shall— ensure— to the extent practicable based on the applications submitted under this subsection, equitable geographic and demographic diversity, including among rural and urban areas; and that selected eligible entities will serve areas where direct care work, 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)(K). Each eligible entity receiving a grant under this Act shall consult on the development and implementation of any strategy for the recruitment, retention, or advancement of direct care workers to be funded with such grant, and coordinate the implementation of such strategy with— each applicable State board or local board; and to the extent practicable— institutions of higher education in the State or local areas to be served by the grant; 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 grant or, if no such agency has been recognized in the State or region, the Office of Apprenticeship of the Department of Labor; 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; in the case of an eligible entity that uses the grant to carry out an education and training program described in section 6(a)(2)(A), a nonprofit organization with demonstrated experience in the development or delivery of curricula or coursework; an organization that fosters the professional development and collective engagement of direct care workers, including labor organizations or joint labor-management organizations; a nonprofit or governmental organization described in section 3(4)(G); the State Developmental Disability Council (as such term is used in subtitle B of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15021 et seq. ); a nonprofit State provider association that represents providers who employ direct care workers, where such associations exist; and an entity that employs direct care workers.

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