Referred to the Committee on Education and 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.
Congressional Research Service
Official summary
No official summary is available in the imported record yet.
Referred to the Committee on Education and 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.
Referred to the Committee on Education and 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.
Introduced in House
Introduced in House
Primary sources
Bill text & related measures
Text links open the official source. We also preserved the text version used in the PlainBill explanation below.
Source last updated: Oct 10, 2026. Consult Congress.gov for the current record.
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Objective
Analyze H.R.10704 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.
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PlainBill explanation
Read the proposal in plain language
AI-generated · Source-checked by AI · Oct 28, 2026
Based on the full Introduced in House · 2026-10-01 text. This explanation has not received human editorial review. This overview describes the proposal’s major provisions; it does not establish what its real-world effects would be.
What it would do
The proposed Direct CARE Opportunity Act would fund organizations to recruit, retain, and help advance workers who provide hands-on care and disability support. Grants could support training, career advancement, pay, and practical help such as transportation or child care. The bill would provide $300 million annually for fiscal years 2027–2032 for the grant program and related activities, plus $6 million annually for technical assistance activities. These are proposed provisions, not evidence that the funding has become law.
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This Act may be cited as the Direct Creation, Advancement, and Retention of Employment Opportunity Act of 2026 or the Direct CARE Opportunity Act of 2026.
award grants to eligible entities to assist such entities in developing and implementing strategies for the recruitment, retention, or advancement of direct care workers.
Providing wages (or other compensation or benefits), supportive services, mentoring, or other career supports to direct care workers (or individuals training to be such workers)
for each of the fiscal years 2027 through 2032, out of any money in the Treasury not otherwise appropriated, $300,000,000 to carry out this Act (other than section 8(b))
Covered workers would include disability support professionals, home- and community-based care workers, and respite providers who give family caregivers a break. The definition also incorporates an existing statutory definition and allows the Labor Secretary, consulting Health and Human Services, to include related jobs.
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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.
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
Eligible applicants would include states, labor organizations, specified nonprofits, Tribal and urban Indian organizations, workforce boards, and groups of these entities. Colleges and career and technical schools would qualify only through a partnership with another eligible entity or group.
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(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
(H) when in partnership with an entity described in any of subparagraphs (A) through (G) or with a consortium described in subparagraph (I)— (i) an institution of higher education; or (ii) an area career and technical education school; or (I) a consortium of entities listed in any of subparagraphs (A) through (G).
Within 12 months after enactment, the Labor Secretary would have to make an agreement with Health and Human Services and award grants. Each grant would last at least five years.
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Not later than 12 months after the date of enactment of this Act, the Secretary of Labor shall— (1) enter into an interagency agreement described in subsection (b) with the Secretary of Health and Human Services; and (2) from the amounts appropriated under section 9(a) (and not reserved under section 9(a)(2)), and in accordance with such interagency agreement, award grants to eligible entities
The agencies' agreement would specify which grant or technical-assistance procedures apply and whether applicants must submit one application for joint review. It could also transfer specified program funds between the agencies.
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shall specify— (i) whether the criteria or procedures to be developed or used for a purpose described in paragraph (1) will be the procedures or criteria of the Secretary of Labor or the Secretary of Health and Human Services, or whether a single set of criteria will be developed by both Secretaries for such purpose; and (ii) whether applicants for a grant under this Act will be required to submit a single application for joint review
may, for a purpose described in paragraph (1)— (i) transfer to the Secretary of Health and Human Services from the Secretary of Labor a portion of the amounts appropriated by section 9(a) (and not reserved under section 9(a)(2)); or (ii) transfer to the Secretary of Labor from the Secretary of Health and Human Services a portion of the amounts appropriated by section 9(b).
Applications would have to describe the area's population, unmet care needs, worker job openings, proposed strategies, outreach, and plans to collect workforce and outcome data.
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Demographic information regarding the population, including a description of the populations likely to need direct care services
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.
Applicants would have to promise consultation with care recipients and care workers, potentially including family caregivers. Grantees would also have to coordinate with applicable workforce boards and, where practicable, education, apprenticeship, care-service, employer, and worker organizations.
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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.
coordinate the implementation of such strategy with— (1) each applicable State board or local board, to the extent that each such State board or local board is not the eligible entity; and (2) to the extent practicable— (A) institutions of higher education
(E) an organization that fosters the professional development and collective engagement of direct care workers, including labor organizations or joint labor-management organizations; (F) a nonprofit or governmental organization described in section 2(4)(G)
When a strategy provides wages, applicants would have to promise pay at least as high as the greater of the federal minimum wage or the applicable wage under other federal or state law or a collective bargaining agreement. They would also assess the compensation needed to recruit, retain, or advance workers.
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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. 206(a)); or (II) the applicable wage required by other applicable Federal or State law, or a collective bargaining agreement; and (ii) an assessment of the wages (or other compensation or benefits) necessary to recruit, retain, or advance direct care workers.
Applicants would have to promise not to charge participating workers or trainees for education, training, support services, or other benefits provided through the activity. They would also have to address barriers, including financial barriers, facing recipients of participants' care or other benefits.
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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.
Applicants would have to promise safe training equipment or facilities, a safe workplace free from discrimination, retaliation, and violence, and adequate training for mentors and qualified instructors. Protective equipment to prevent infectious disease could be part of those protections.
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An assurance that the eligible entity will provide adequate and safe equipment or facilities for the training and supervision of direct care workers
(i) 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); (ii) a work environment that is free from discrimination, retaliation, and violence; and (iii) adequate training for mentors and qualified instructors
Grant selection would have to reflect geographic and demographic diversity, including rural and urban areas, as practicable given the applications. Selected applicants must serve areas where direct care or related work is in demand. Priority would go to applicants predominantly serving people receiving or eligible for the specified state assistance, or other people facing employment barriers.
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ensure— (i) to the extent practicable based on the applications submitted under this subsection, equitable geographic and demographic diversity, including among rural and urban areas; and (ii) that selected eligible entities will serve areas where direct care work, or a related occupation, is an in-demand industry sector or occupation; and (B) give priority to eligible entities proposing to predominantly serve the individuals described in paragraph (2)(K).
(i) 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.); (ii) individuals who are eligible for such assistance; and (iii) other individuals with barriers to employment.
Each grantee would have to carry out at least one of the permitted workforce strategies. Participating colleges and career and technical schools would have to include a career pathway program—a route for workers to advance through training and employment opportunities.
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shall use such grant to develop and implement a strategy for the recruitment, retention, or advancement of direct care workers by carrying out the requirements of not less than one of the subparagraphs of paragraph (2), except that an eligible entity described in section 2(4)(H) shall use such grant to, at a minimum, carry out the requirements of paragraph (2)(B).
A funded education and training program would have to teach care recipients' rights to receive services in the most integrated setting, make their own choices, and be free from abuse and discrimination. Optional occupational training and work-based learning services listed in this provision would be primarily in person, rather than online.
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shall provide each program participant relevant training regarding the rights of recipients of direct care services, including the rights of such recipients to— (I) receive such services in the most integrated setting; (II) exercise self-determination; and (III) be free from physical, sexual, and financial abuse, and discrimination
may include any of the following training services, which are provided primarily in-person and not online— (I) training on the in-demand skills and competencies of direct care occupations, including the provision of culturally competent services to recipients of direct care; or (II) an apprenticeship program, work-based learning, experiential learning, or on-the-job training opportunities
If an education and training program includes on-the-job training, it would have to provide a clearly defined schedule of rising wages tied to skill gains or a recognized postsecondary credential. Pay would also have to meet the greater of the federal minimum wage or the applicable wage under other law or a collective bargaining agreement.
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in the case in which such program includes on-the-job training, shall provide a progressively increasing, clearly defined schedule of wages to be paid to participants of such training that— (I) is consistent with skill gains, or attainment of a recognized postsecondary credential
ensures that the wage for such participants is not less than the greater of— (aa) the minimum wage required under section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)); or (bb) the applicable wage required by other applicable Federal or State law, or a collective bargaining agreement.
Career pathway programs would be required to lead to higher wages and benefits. The provision lists employer coordination, connected training programs, training services, practical supports, and other necessary evidence-based activities. Possible program features include multiple entry and exit points and credentials that build on one another. The list begins with 'shall include' but ends with 'or,' leaving uncertainty about whether every listed component is mandatory.
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Developing and implementing a career pathway program that leads to higher wages and benefits for participating direct care workers, which shall include— (i) the planning and implementation of the career pathways program between employers who hire such participants and such eligible entity
(II) multiple entry and exit points into pathways for participants; (III) sequenced, connected curricula, and the establishment of stackable credentials
(iii) the provision of training services as described in subparagraph (A)(ii); (iv) the provision of supportive services; or (v) any other evidence-based activities identified by the eligible entity as necessary to support the development or implementation of such career pathway program.
Other permitted strategies would include career planning with employers; wages, benefits, mentoring, or practical supports for workers and trainees; and other activities the Labor Secretary finds appropriate. Practical supports could include transportation, child care, food, housing, or payments based on need when necessary for participation.
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(C) Providing career planning to support the identification of advancement opportunities and career pathways for direct care workers, in coordination with employers
(D) Providing wages (or other compensation or benefits), supportive services, mentoring, or other career supports to direct care workers (or individuals training to be such workers)
(E) Any other activity that the Secretary determines appropriate for implementing a strategy for the recruitment, retention, or advancement of direct care workers.
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.
Grants could continue qualifying strategies already operating when the program is announced in the Federal Register. Grant money would have to add to, rather than replace, funds otherwise available for direct care workforce efforts.
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as of the day on which the grant program under this Act is announced in the Federal Register, has been implementing a strategy that carries out the requirements of not less than one of the subparagraphs of paragraph (2) may use a grant received under this Act to continue implementing such strategy.
shall use such grant only to supplement, and not supplant, the amount of funds that, in the absence of such grant, would be available for the recruitment, retention, or advancement of direct care workers in the State or region served by the grant.
Grantees could spend no more than 7 percent of a grant on administration and the required evaluations and reports.
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may not use more than 7 percent of the funds of such grant for costs associated with the administration of the strategies implemented using the grant, and the evaluations and reports of such strategies under section 6.
For every funded strategy, grantees would report progress and outcomes to both agencies annually and submit a final report within six months after completion. Reports would describe activities, worker participation, and the number of people or families receiving participants' care or other benefits.
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shall submit to the Secretary of Labor and the Secretary of Health and Human Services
(A) for each year of the grant period, an annual report on the progress and outcomes of the strategy; and (B) not later 6 months after the completion of such strategy, a final report on the progress and outcomes of the strategy.
(i) the number of individuals who are direct care workers or training to be direct care workers who participated in the activities carried out under such strategy; (ii) a description of each activity carried out under such strategy; and (iii) the outcomes of such strategy, including the number of individuals or families receiving direct care services or other benefits provided by participants
Training reports would track completion, subsequent direct care employment, and performance measures such as earnings and credentials. For strategies providing supportive services, reports would count participants whose needs for those services were met or unmet and describe the services provided. Reports would also describe how satisfaction is evaluated among workers, care recipients, and employers, including health and community-living impacts for recipients.
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the number of participants in such program who complete such program
(C) In the case of such a strategy that includes the provision of supportive services— (i) the number of participants of such strategy who— (I) needed supportive services and received such services; and (II) needed supportive services and did not receive such services; and (ii) a description of the supportive services provided.
How the eligible entity evaluates satisfaction with respect to— (i) participants of an activity carried out under the strategy funded by such grant; (ii) individuals receiving direct care services or other benefits provided by such participants, including— (I) any impact on the health or health outcomes of such individuals; and (II) any impact on the ability of individuals to transition to or remain in the community
Reports would break information down by specified recipient demographics and worker or recipient groups. Those breakdowns would not be required when the group is too small for statistically reliable results or disclosure would identify an individual.
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shall be disaggregated— (i) by race, disability, ethnicity, sex, and age of the individuals receiving direct care services under this Act; (ii) by each subpopulation listed in subparagraphs (A) through (N) of section 3(24) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)) of the individuals who are direct care workers or training to be direct care workers who participated in a strategy funded under this Act; and (iii) by the individuals receiving direct care services under this Act who are described in section 4(a)(2)(K).
shall not be required in a case in which the number of individuals in a category or subpopulation is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual.
Within one year after the last grant's final strategy is completed, the Labor Secretary would have to publish and send Congress a report on outcomes, successful approaches that could support family caregivers, workforce supply and shortages, and recommended legislative or administrative action.
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Not later than 1 year after the completion of the final strategy funded by the last grant awarded under this Act, the Secretary shall prepare and submit to Congress, and make publicly available, a report
(1) the progress and outcomes of the strategies identified in the final reports submitted by eligible entities under subsection (a)(1)(B); (2) any specific successful strategies (as determined on the basis of such final reports) that can also support family caregivers; (3) an analysis of the workforce supply, current and projected shortages, and distribution of direct care workers at the national, regional, and State levels; and (4) recommendations for legislative or administrative action.
Within one year after that report is submitted to Congress, the Comptroller General would have to study the strategies' effects on worker supply and report to Congress. The report would also identify successful strategies applicable to family caregivers and recommend legislative or administrative action.
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7. GAO report Not later than 1 year after the Secretary submits to Congress the report under section 6(b), the Comptroller General of the United States shall conduct a study and submit to Congress a report including— (1) an assessment of the effect that the strategies in the recruitment, retention, or advancement of direct care workers funded under this Act have had on the supply of such workers in the labor market; (2) any specific successful strategies (as determined on the basis of the assessment in paragraph (1)) that can also support family caregivers; and (3) recommendations for legislative or administrative actions.
Within five months after enactment, Labor, coordinating with Health and Human Services, would have to provide grantees with technical assistance—help implementing activities and meeting data-collection and reporting-breakdown requirements.
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Not later than 5 months after the date of enactment of this Act, from the amounts reserved under section 9(a)(2), the Secretary of Labor, in coordination with the Secretary of Health and Human Services, shall provide technical assistance to eligible entities receiving a grant under this Act
(1) ensure that such entities carry out one or more of the activities described in section 5(a)(2); and (2) assist such entities in complying with the— (A) the data collection requirements of section 6(a)(2)(B)(iii); and (B) the disaggregation requirements of section 6(a)(3).
The Assistant Secretary for Aging would use the separate technical-assistance funding to help grantees, share tools and practices, strengthen collaboration among state agencies and other organizations, and undertake other activities determined necessary to strengthen the direct care workforce. The bill expressly would not require or authorize a new technical-assistance center for the cited Older Americans Act activities.
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the amounts appropriated by section 9(b) of this Act shall be used by the Assistant Secretary for Aging of the Administration for Community Living of the Department of Health and Human Services to— (1) provide the technical assistance described in subsection (a); (2) disseminate tools, resources, information, and best practices
(3) bolster partnerships and support collaboration between or among the State systems, service providers, and stakeholders described in paragraph (2) to support the direct care workforce; and (4) any other activities that are necessary to strengthen the direct care workforce, as determined by the Assistant Secretary.
Nothing in this Act shall be construed to require or authorize the establishment of a new technical assistance center to carry out the activities authorized under section 411(a)(13) of the Older Americans Act of 1965 (42 U.S.C. 3032(a)(13)).
If enacted, section 9 would itself authorize and appropriate $300 million for each fiscal year from 2027 through 2032, in addition to existing funds. This would provide funding, rather than merely authorize a later appropriation. The money would remain available until September 30, 2032, and Labor would have to reserve up to 2 percent annually for technical assistance.
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In addition to amounts otherwise available, there is authorized to be appropriated, and there is appropriated, for each of the fiscal years 2027 through 2032, out of any money in the Treasury not otherwise appropriated, $300,000,000 to carry out this Act (other than section 8(b)), to remain available until September 30, 2032.
Of the amounts appropriated under paragraph (1) for a fiscal year, the Secretary of Labor shall reserve up to 2 percent to provide the technical assistance described in section 8(a).
Section 9 would separately authorize and appropriate $6 million annually for fiscal years 2027–2032, available until September 30, 2032. It would fund the bill's national technical-assistance activities and activities authorized by two specified existing laws. Those existing authorities are not reproduced in the supplied source, so their full scope is not established here.
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In addition to amounts otherwise available, there is authorized to be appropriated, and there is appropriated, for each of the fiscal years 2027 through 2032, out of any money in the Treasury not otherwise appropriated, $6,000,000, to remain available until September 30, 2032, to carry out— (1) the activities authorized under section 411(a)(13) of the Older Americans Act of 1965 (42 U.S.C. 3032(a)(13)); (2) the activities authorized under subtitle E of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15081 et seq.); and (3) the activities described in section 8(b) of this Act.
The supplied official-actions snapshot, updated October 10, 2026, records introduction in the House on October 1, 2026, and referral that day to the Education and Workforce and Energy and Commerce committees. This describes the dated snapshot, not the bill's subsequent status.
2026-10-01: Referred to the Committee on Education and 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.
Reviewed version: Introduced in House · 2026-10-01. These findings describe provisions and who may benefit; they are not judgments of waste, corruption, or motive.
This review covers the supplied bill text. “None identified” does not rule out provisions in later versions or accompanying reports and disclosures.
Provisions outside the bill’s main subject, or policy changes attached to appropriations.
None identified in the reviewed text
No unrelated provision or separate policy rider was identified after reviewing the complete supplied introduced text. This conclusion is limited to that version and does not establish absence in other versions or accompanying materials.
Spending directed to particular recipients or places outside ordinary competitive or formula-based allocation.
None identified in the reviewed text
No spending directed to a particular outside recipient or place was identified after reviewing the complete supplied introduced text. This conclusion is limited to that version and does not establish absence in other versions or accompanying materials. Formal earmark status cannot be conclusively assessed without accompanying disclosure and legislative materials.
Other targeted benefits
Narrow exceptions, exemptions, or preferential treatment that warrant a closer look.
None identified in the reviewed text
No materially narrow carve-out, special exemption, or preferential benefit warranting a finding was identified after reviewing the complete supplied introduced text. Broad program eligibility and priorities for intended beneficiaries are not treated as narrow special benefits. This conclusion is limited to that version and does not establish absence in other versions or accompanying materials.
What this analysis cannot establish
The bundle contains the complete supplied introduced text and an actions snapshot updated October 10, 2026. It does not establish later amendments, passage, or enactment; missing later history does not prove that no later action occurred.
Several definitions, performance measures, existing technical-assistance authorities, and regulatory standards are incorporated by reference without their full text. Their complete scope cannot be determined from this bundle.
The bill specifies funding availability through September 30, 2032, grants lasting at least five years, and reports triggered by completion. It does not specify a maximum grant duration or expressly make the funding-availability date a termination date for all program duties.
Section 5(a)(2)(B) introduces career pathway components with 'shall include' but connects the final listed component with 'or.' The supplied text leaves uncertainty about whether every listed component is mandatory.
The bundle contains no outcome evidence establishing that the proposed strategies would increase worker supply, wages, retention, or care quality.
No member earmark requests, disclosures, committee reports, conference materials, or amendment attachment history are supplied. Those materials could affect a broader riders or earmarks assessment.
Full text preserved for this analysis. Legislative record snapshot: Oct 10, 2026. How PlainBill uses AI