Sec. 222. National Direct Care Professional Training Standards Commission
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Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall establish the National Direct Care Professional Training Standards Commission (referred to in this section as the Commission ) to advise the Secretary on— developing national direct care professional training standards described in paragraph
(2)to recommend to States to implement; and providing support for States in implementing such standards. The standards under this subsection shall be— competency-based; industry-recognized; and portable across settings and States. The Commission shall include representatives from the following: An organization representing older individuals. An organization led by people with disabilities. An organization representing the rights and interests of people receiving services from direct care professionals. An organization (other than a labor organization) representing direct care professionals. Labor organizations representing direct care professionals. An organization representing State Medicaid agencies, State agencies defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ), State developmental disabilities offices, and State mental health agencies. An organization representing local boards and State boards. An organization representing area agencies on aging. An organization representing 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. ). An organization representing State Councils on Developmental Disabilities (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. )). An organization representing Aging and Disability Resource Centers. An organization representing nonprofit State provider associations. An organization representing entities that employ direct care professionals. An organization representing University Centers for Excellence in Developmental Disabilities Education, Research, and Service supported under subtitle D of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061 et seq. ). An organization representing State protection and advocacy systems described in section 143 of such Act ( 42 U.S.C. 15043 ). Representatives of direct care professional organizations representing underserved communities, including communities of color. Representatives reflecting diverse racial, cultural, ethnic, geographic, socioeconomic, and gender identity and sexual orientation perspectives. A member of the Commission shall be appointed for the life of the Commission. A vacancy in the Commission— shall not affect the powers of the Commission; and shall be filled in the same manner as the original appointment. Not later than 180 days after the date on which all members of the Commission have been appointed, the Commission shall hold the first meeting of the Commission. The Commission shall meet at the call of the Chairperson. A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission. The Commission shall conduct a thorough study of all matters relating to direct care professional training standards. The Commission shall develop recommendations on— national training standards for direct care professionals that meet the requirements under subsection (a)(2); and methods for supporting States in implementing such standards. Not later than 3 years after the date of enactment of this Act, the Commission shall submit to the Secretary and the appropriate committees of Congress a report that contains a detailed statement of the findings and conclusions of the Commission, together with the recommendations of the Commission for such legislation and administrative actions as the Commission considers appropriate. The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. The Commission may secure directly from a Federal department or agency such information as the Commission considers necessary to carry out this section. On request of the Chairperson of the Commission, the head of the department or agency shall furnish the information to the Commission. The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. The Commission may accept, use, and dispose of gifts or donations of services or property. A member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties, except that the employment of an executive director shall be subject to confirmation by the Commission. The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. A Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. The Commission shall terminate 90 days after the date on which the Commission submits the report required under subsection (b)(3). There is authorized to be appropriated to carry out this section $500,000 for fiscal year 2025, to remain available, without fiscal year limitation, until expended.
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Sec. 222
National Direct Care Professional Training Standards Commission
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