PDF(PDF provides a complete and accurate display of this text.)Tip?
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-175
======================================================================
LIFESPAN RESPITE CARE REAUTHORIZATION ACT OF 2019
_______
July 23, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pallone, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 2035]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 2035) to amend title XXIX of the Public Health
Service Act to reauthorize the program under such title
relating to lifespan respite care, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
CONTENTS
Page
I. Purpose and Summary..............................................2
II. Background and Need for the Legislation..........................2
III. Committee Hearings...............................................2
IV. Committee Consideration..........................................3
V. Committee Votes..................................................3
VI. Oversight Findings..............................................3
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures3
VIII.Federal Mandates Statement.......................................4
IX. Statement of General Performance Goals and Objectives............4
X. Duplication of Federal Programs..................................4
XI. Committee Cost Estimate..........................................4
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits......4
XIII.Advisory Committee Statement.....................................4
XIV. Applicability to Legislative Branch.............................4
XV. Section-by-Section Analysis of the Legislation...................5
XVI. Changes in Existing Law Made by the Bill, as Reported............5
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lifespan Respite Care Reauthorization
Act of 2019''.
SEC. 2. REAUTHORIZATION OF LIFESPAN RESPITE CARE PROGRAM.
(a) Data Collection and Reporting.--Section 2904 of the Public Health
Service Act (42 U.S.C. 290ii-3) is amended to read as follows:
``SEC. 2904. DATA COLLECTION AND REPORTING.
``Each eligible State agency awarded a grant or cooperative agreement
under section 2902 shall collect, maintain, and report such data and
records at such times, in such form, and in such manner as the
Secretary may require to enable the Secretary--
``(1) to monitor State administration of programs and
activities funded pursuant to such grant or cooperative
agreement; and
``(2) to evaluate, and to compare effectiveness on a State-
by-State basis, of programs and activities funded pursuant to
section 2902.''.
(b) Funding.--Section 2905 of the Public Health Service Act (42
U.S.C. 300ii-4) is amended by striking paragraphs (1) through (5) and
inserting the following:
``(1) $20,000,000 for fiscal year 2020;
``(2) $30,000,000 for fiscal year 2021;
``(3) $40,000,000 for fiscal year 2022;
``(4) $50,000,000 for fiscal year 2023; and
``(5) $60,000,000 for fiscal year 2024.''.
I. Purpose and Summary
H.R. 2035, the ``Lifespan Respite Care Reauthorization Act
of 2019'' was introduced on April 2, 2019, by Reps. Langevin
(D-RI) and Rodgers (R-WA) and referred to the Committee on
Energy and Commerce. H.R. 2035 would reauthorize the Lifespan
Respite Care program at $20 million in fiscal year (FY) 2020
and increase the authorization by $10 million each year
thereafter through FY 2024. H.R. 2035 would also add new
reporting requirements for program grantees.
II. Background and Need for Legislation
The Lifespan Respite Care program was first authorized by
Congress in 2006.\1\ Respite care is defined as ``planned or
emergency care provided to a child or adult with a special need
in order to provide temporary relief to the family caregiver of
that child or adult.''\2\ Respite services may be provided in
settings such as a person's home, adult day care centers, or
residential care facilities.\3\ States have flexibility to use
program funds to support the availability of respite services
in a variety of ways. For example, some states use funds for
consumer-directed respite vouchers, training of volunteer and
paid respite providers, or educating families about how to
access respite care. The program is administered by the
Administration for Community Living (ACL) and currently 20
states receive grants. Since 2009, ACL has contracted with the
ARCH National Respite Network and Resource Center to provide
technical assistance to program grantees. The authorization for
the Lifespan Respite Care program expired in FY 2011.\4\
---------------------------------------------------------------------------
\1\Pub. L. No. 109-442.
\2\Ld.
\3\Administration for Community Living, The Lifespan Respite Care
Program (acl.gov/programs/support-caregivers/lifespan-respite-care-
program).
\4\42 USC 300ii-4
---------------------------------------------------------------------------
III. Committee Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress the following hearing was used to develop or
consider H.R. 2035:
The Subcommittee on Health held a legislative hearing on
June 25, 2019, to consider H.R. 2035, the ``Lifespan Respite
Care Reauthorization Act of 2019'' and three other bills,
entitled ``Reauthorizing Vital Health Programs for American
Families.'' The Subcommittee received testimony from:
Amy Hewitt, Ph.D., Director, Institute on
Community Integration, University of Minnesota;
Joseph Bocchini, M.D., Professor, Department
of Pediatrics, Louisiana State University Health,
Shreveport;
Patricia Kunz Howard, Ph.D., RN, President,
Emergency Nurses Association, Director, Emergency
Services, University of Kentucky Healthcare; and
Jill Kagan, Director, ARCH National Respite
Network and Resource Center.
IV. Committee Consideration
H.R. 2035, the ``Lifespan Respite Care Reauthorization Act
of 2019'' was introduced in the House on April 2, 2019, by
Reps. Langevin (D-RI) and Rodgers (R-WA) and referred to the
Committee on Energy and Commerce. Subsequently, the bill was
referred to the Subcommittee on Health on April 3, 2019.
Following a legislative hearing, the Subcommittee met in open
markup session, pursuant to notice, on July 11, 2019, for
consideration of the bill H.R. 2035. During consideration of
the bill, an amendment in the nature of a substitute was
offered by Ms. Eshoo (D-CA), Chairwoman of the Subcommittee,
and was agreed to by a voice vote. Subsequently, the
Subcommittee on Health agreed to a motion by Ms. Eshoo that
H.R. 2035 be forwarded favorably to the full Committee on
Energy and Commerce, amended, by a voice vote.
On July 17, 2019, the full Committee met in open markup
session, pursuant to notice, to consider the bill H.R. 2035, as
amended by the Subcommittee. At the conclusion of consideration
of the bill, the full Committee on Energy and Commerce agreed
to a motion by Mr. Pallone, Chairman of the Committee, that
H.R. 2035 be ordered reported favorably to the House, as
amended, by a voice vote, a quorum being present.
V. Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list each record vote
on the motion to report legislation and amendments thereto. The
Committee advises that there were no record votes taken on H.R.
2035.
VI. Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1)
of rule X of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in the descriptive portion of the report.
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures
Pursuant to 3(c)(2) of rule XIII of the Rules of the House
of Representatives, the Committee adopts as its own the
estimate of new budget authority, entitlement authority, or tax
expenditures or revenues contained in the cost estimate
prepared by the Director of the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974.
The Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
VIII. Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
IX. Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is to amend
title XXIX of the Public Health Service Act to reauthorize the
program under such title relating to lifespan respite care.
X. Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 2035 is known to be duplicative of another Federal
program, including any program that was included in a report to
Congress pursuant to section 21 of Public Law 111-139 or the
most recent Catalog of Federal Domestic Assistance.
XI. Committee Cost Estimate
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974.
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 2035 contains no earmarks, limited
tax benefits, or limited tariff benefits.
XIII. Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
XIV. Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
XV. Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 designates that the short title may be cited as
the ``Lifespan Respite Care Reauthorization Act of 2019''.
Sec. 2. Reauthorization of Lifespan Respite Care Program
Section 2 amends Section 2904 of the Public Health Service
Act to require each entity awarded a Lifespan Respite Care
program grant or cooperative agreement to collect, maintain,
and report certain data and records to the Secretary of Health
and Human Services for the purposes of monitoring the
administration of the grant and evaluating the effectiveness of
different program activities. Subsection (b) would reauthorize
the Lifespan Respite Care program at $20 million in fiscal year
2020 and increase the funding level by $10 million each fiscal
year thereafter through FY 2024 to $60 million.
XVI. Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
PUBLIC HEALTH SERVICE ACT
* * * * * * *
TITLE XXIX--LIFESPAN RESPITE CARE
* * * * * * *
[SEC. 2904. REPORT.
[Not later than January 1, 2009, the Secretary shall report
to the Congress on the activities undertaken under this title.
Such report shall evaluate--
[(1) the number of States that have lifespan respite
care programs;
[(2) the demographics of the caregivers receiving
respite care services through grants or cooperative
agreements under this title; and
[(3) the effectiveness of entities receiving grants
or cooperative agreements under this title.]
SEC. 2904. DATA COLLECTION AND REPORTING.
Each eligible State agency awarded a grant or cooperative
agreement under section 2902 shall collect, maintain, and
report such data and records at such times, in such form, and
in such manner as the Secretary may require to enable the
Secretary--
(1) to monitor State administration of programs and
activities funded pursuant to such grant or cooperative
agreement; and
(2) to evaluate, and to compare effectiveness on a
State-by-State basis, of programs and activities funded
pursuant to section 2902.
SEC. 2905. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title--
[(1) $30,000,000 for fiscal year 2007;
[(2) $40,000,000 for fiscal year 2008;
[(3) $53,330,000 for fiscal year 2009;
[(4) $71,110,000 for fiscal year 2010; and
[(5) $94,810,000 for fiscal year 2011.]
(1) $20,000,000 for fiscal year 2020;
(2) $30,000,000 for fiscal year 2021;
(3) $40,000,000 for fiscal year 2022;
(4) $50,000,000 for fiscal year 2023; and
(5) $60,000,000 for fiscal year 2024.
* * * * * * *
[all]