[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1332 Reported in Senate (RS)]
<DOC>
Calendar No. 253
118th CONGRESS
1st Session
S. 1332
[Report No. 118-116]
To require the Office of Management and Budget to revise the Standard
Occupational Classification system to establish a separate code for
direct support professionals, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Ms. Hassan (for herself, Ms. Collins, Mr. Casey, Mr. Van Hollen, Mr.
Kelly, and Ms. Murkowski) introduced the following bill; which was read
twice and referred to the Committee on Homeland Security and
Governmental Affairs
November 30, 2023
Reported by Mr. Peters, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To require the Office of Management and Budget to revise the Standard
Occupational Classification system to establish a separate code for
direct support professionals, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Recognizing the Role of
Direct Support Professionals Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds the following:</DELETED>
<DELETED> (1) Direct support professionals play a critical
role in the care provided to individuals with intellectual and
developmental disabilities.</DELETED>
<DELETED> (2) Providers of home- and community-based
services are experiencing difficulty hiring and retaining
direct support professionals, with a national turnover rate of
43 percent, as identified in a 2021 study by the National Core
Indicators, and full-time vacancy rates increasing by 94
percent between 2019 and 2021.</DELETED>
<DELETED> (3) High turnover rates can lead to instability
for individuals receiving services, and this may result in
individuals not receiving enough personalized care to help them
reach their goals for independent living.</DELETED>
<DELETED> (4) A discrete occupational category for direct
support professionals will help States and the Federal
Government--</DELETED>
<DELETED> (A) better interpret the shortage in the
labor market of direct support professionals;
and</DELETED>
<DELETED> (B) collect data on the high turnover rate
of direct support professionals.</DELETED>
<DELETED> (5) The Standard Occupational Classification
system is designed and maintained solely for statistical
purposes, and is used by Federal statistical agencies to
classify workers and jobs into occupational categories for the
purpose of collecting, calculating, analyzing, or disseminating
data.</DELETED>
<DELETED> (6) Occupations in the Standard Occupational
Classification system are classified based on work performed
and, in some cases, on the skills, education, or training
needed to perform the work.</DELETED>
<DELETED> (7) Establishing a discrete occupational category
for direct support professionals will--</DELETED>
<DELETED> (A) correct an inaccurate representation
in the Standard Occupational Classification
system;</DELETED>
<DELETED> (B) recognize these professionals for the
critical and often overlooked work that they perform
for the disabled community, which work is different
than the work of a home health aide or a personal care
aide; and</DELETED>
<DELETED> (C) better align the Standard Occupational
Classification system with related classification
systems.</DELETED>
<DELETED>SEC. 3. DEFINITION OF DIRECT SUPPORT PROFESSIONAL.</DELETED>
<DELETED> In this Act, the term ``direct support professional''
means an individual who, in exchange for compensation, provides
services to an individual with an intellectual disability or a
developmental disability (as defined in section 102 of the
Developmental Disabilities Assistance and Bill of Rights Act of 2000
(42 U.S.C. 15002)) that promote such individual's independence,
including--</DELETED>
<DELETED> (1) services that enhance independence and
community inclusion for such individual, including traveling
with such individual, attending and assisting such individual
while visiting friends and family, shopping, or
socializing;</DELETED>
<DELETED> (2) services such as coaching and supporting such
individual in communicating needs, achieving self-expression,
pursuing personal goals, living independently, and
participating actively in employment or voluntary roles in the
community;</DELETED>
<DELETED> (3) services such as providing assistance with
activities of daily living (such as feeding, bathing,
toileting, and ambulation) and with tasks such as meal
preparation, shopping, light housekeeping, and laundry;
or</DELETED>
<DELETED> (4) services that support such individual at home,
work, school, or any other community setting.</DELETED>
<DELETED>SEC. 4. REVISION OF STANDARD OCCUPATIONAL CLASSIFICATION
SYSTEM.</DELETED>
<DELETED> The Director of the Office of Management and Budget shall,
not later than 30 days after the date of enactment of this Act, revise
the Standard Occupational Classification system to establish a separate
code (31-1123) for direct support professionals as a healthcare support
occupation. Such code shall be a subset of 31-1120, which includes home
health aides and personal care aides.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recognizing the Role of Direct
Support Professionals Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Direct support professionals play a critical role in
the care provided to individuals with intellectual and
developmental disabilities by providing a wide range of
supportive services on a day-to-day basis to promote
independence, including--
(A) enhancing independence and community inclusion
of these individuals, including through travel and
recreation, visiting friends and family, shopping, or
socializing;
(B) coaching and supporting individuals in
communicating needs, achieving self-expression,
pursuing personal goals, living independently, and
participating actively in employment or voluntary roles
in the community;
(C) providing assistance with activities of
independent daily living (such as feeding, bathing,
toileting, and ambulation) and with tasks such as meal
preparation, shopping, light housekeeping, laundry, and
home management; or
(D) supporting individuals at home, work, school,
or any other community setting.
(2) Through the support of direct support professionals,
individuals are able to lead self-directed lives within their
own communities.
(3) Providers of home- and community-based services are
experiencing difficulty hiring and retaining direct support
professionals, with a national turnover rate of 43 percent, as
identified in a 2021 study by the National Core Indicators, and
full-time vacancy rates increasing by 94 percent between 2019
and 2021.
(4) High turnover rates can lead to instability for
individuals receiving services, and this may result in
individuals not receiving enough personalized care to help them
reach their goals for independent living.
(5) A discrete occupational category for direct support
professionals will help States and the Federal Government--
(A) better interpret the shortage in the labor
market of direct support professionals; and
(B) collect data on the high turnover rate of
direct support professionals.
(6) The Standard Occupational Classification system is
designed and maintained solely for statistical purposes, and is
used by Federal statistical agencies to classify workers and
jobs into occupational categories for the purpose of
collecting, calculating, analyzing, or disseminating data.
(7) Occupations in the Standard Occupational Classification
system are classified based on work performed and, in some
cases, on the skills, education, or training needed to perform
the work.
(8) Establishing a discrete occupational category for
direct support professionals will--
(A) correct an inaccurate representation in the
Standard Occupational Classification system;
(B) recognize these professionals for the critical
and often overlooked work that they perform for the
disabled community, which work is different than the
work of a home health aide or a personal care aide; and
(C) better align the Standard Occupational
Classification system with related classification
systems.
SEC. 3. REVISION OF STANDARD OCCUPATIONAL CLASSIFICATION SYSTEM.
The Director of the Office of Management and Budget shall, as part
of the first revision of the Standard Occupational Classification
system occurring after the date of enactment of this Act, consider
revising the Standard Occupational Classification system to establish a
separate code for direct support professionals as a healthcare support
occupation.
SEC. 4. REPORT TO CONGRESS.
If, after carrying out section 3, the Director of the Office of
Management and Budget decides not to establish a separate code for
direct support professionals in the Standard Occupational
Classification system, the Director shall, by not later than 30 days
after the first revision of the Standard Occupational Classification
system occurring after the date of enactment of this Act, submit a
report to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Education and the Workforce of the
House of Representatives explaining the Office of Management and
Budget's decision.
SEC. 5. NO NEW FUNDS.
No additional funds are authorized to be appropriated to carry out
this Act.
Amend the title so as to read: ``A bill to require the
Office of Management and Budget to consider revising the
Standard Occupational Classification system to establish a
separate code for direct support professionals, and for other
purposes.''.
Calendar No. 253
118th CONGRESS
1st Session
S. 1332
[Report No. 118-116]
_______________________________________________________________________
A BILL
To require the Office of Management and Budget to revise the Standard
Occupational Classification system to establish a separate code for
direct support professionals, and for other purposes.
_______________________________________________________________________
November 30, 2023
Reported with an amendment and an amendment to the title