[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3248 Enrolled Bill (ENR)]


        H.R.3248

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six


                                 An Act


 
To amend the Public Health Service Act to establish a program to assist 
family caregivers in accessing affordable and high-quality respite care, 
                         and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Lifespan Respite Care Act of 2006''.
SEC. 2. LIFESPAN RESPITE CARE.
    The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by 
adding at the end the following:

                  ``TITLE XXIX--LIFESPAN RESPITE CARE

    ``SEC. 2901. DEFINITIONS.
    ``In this title:
        ``(1) Adult with a special need.--The term `adult with a 
    special need' means a person 18 years of age or older who requires 
    care or supervision to--
            ``(A) meet the person's basic needs;
            ``(B) prevent physical self-injury or injury to others; or
            ``(C) avoid placement in an institutional facility.
        ``(2) Aging and disability resource center.--The term `aging 
    and disability resource center' means an entity administering a 
    program established by the State, as part of the State's system of 
    long-term care, to provide a coordinated system for providing--
            ``(A) comprehensive information on available public and 
        private long-term care programs, options, and resources;
            ``(B) personal counseling to assist individuals in 
        assessing their existing or anticipated long-term care needs, 
        and developing and implementing a plan for long-term care 
        designed to meet their specific needs and circumstances; and
            ``(C) consumer access to the range of publicly supported 
        long-term care programs for which consumers may be eligible, by 
        serving as a convenient point of entry for such programs.
        ``(3) Child with a special need.--The term `child with a 
    special need' means an individual less than 18 years of age who 
    requires care or supervision beyond that required of children 
    generally to--
            ``(A) meet the child's basic needs; or
            ``(B) prevent physical injury, self-injury, or injury to 
        others.
        ``(4) Eligible state agency.--The term `eligible State agency' 
    means a State agency that--
            ``(A) administers the State's program under the Older 
        Americans Act of 1965, administers the State's program under 
        title XIX of the Social Security Act, or is designated by the 
        Governor of such State to administer the State's programs under 
        this title;
            ``(B) is an aging and disability resource center;
            ``(C) works in collaboration with a public or private 
        nonprofit statewide respite care coalition or organization; and
            ``(D) demonstrates--
                ``(i) an ability to work with other State and 
            community-based agencies;
                ``(ii) an understanding of respite care and family 
            caregiver issues across all age groups, disabilities, and 
            chronic conditions; and
                ``(iii) the capacity to ensure meaningful involvement 
            of family members, family caregivers, and care recipients.
        ``(5) Family caregiver.--The term `family caregiver' means an 
    unpaid family member, a foster parent, or another unpaid adult, who 
    provides in-home monitoring, management, supervision, or treatment 
    of a child or adult with a special need.
        ``(6) Lifespan respite care.--The term `lifespan respite care' 
    means a coordinated system of accessible, community-based respite 
    care services for family caregivers of children or adults with 
    special needs.
        ``(7) Respite care.--The term `respite care' means 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.
        ``(8) State.--The term `State' means any of the several States, 
    the District of Columbia, the Virgin Islands of the United States, 
    the Commonwealth of Puerto Rico, Guam, American Samoa, and the 
    Commonwealth of the Northern Mariana Islands.
    ``SEC. 2902. LIFESPAN RESPITE CARE GRANTS AND COOPERATIVE 
      AGREEMENTS.
    ``(a) Purposes.--The purposes of this section are--
        ``(1) to expand and enhance respite care services to family 
    caregivers;
        ``(2) to improve the statewide dissemination and coordination 
    of respite care; and
        ``(3) to provide, supplement, or improve access and quality of 
    respite care services to family caregivers, thereby reducing family 
    caregiver strain.
    ``(b) Authorization.--Subject to subsection (e), the Secretary is 
authorized to award grants or cooperative agreements for the purposes 
described in subsection (a) to eligible State agencies for which an 
application is submitted pursuant to subsection (d).
    ``(c) Federal Lifespan Approach.--In carrying out this section, the 
Secretary shall work in cooperation with the National Family Caregiver 
Support Program of the Administration on Aging and other respite care 
programs within the Department of Health and Human Services to ensure 
coordination of respite care services for family caregivers of children 
and adults with special needs.
    ``(d) Application.--
        ``(1) Submission.--Each Governor desiring the eligible State 
    agency of his or her State to receive a grant or cooperative 
    agreement under this section shall submit an application on behalf 
    of such agency to the Secretary at such time, in such manner, and 
    containing such information as the Secretary shall require.
        ``(2) Contents.--Each application submitted under this section 
    shall include--
            ``(A) a description of the eligible State agency's--
                ``(i) ability to work with other State and community-
            based agencies;
                ``(ii) understanding of respite care and family 
            caregiver issues across all age groups, disabilities, and 
            chronic conditions; and
                ``(iii) capacity to ensure meaningful involvement of 
            family members, family caregivers, and care recipients;
            ``(B) with respect to the population of family caregivers 
        to whom respite care information or services will be provided 
        or for whom respite care workers and volunteers will be 
        recruited and trained, a description of--
                ``(i) the population of family caregivers;
                ``(ii) the extent and nature of the respite care needs 
            of that population;
                ``(iii) existing respite care services for that 
            population, including numbers of family caregivers being 
            served and extent of unmet need;
                ``(iv) existing methods or systems to coordinate 
            respite care information and services to the population at 
            the State and local level and extent of unmet need;
                ``(v) how respite care information dissemination and 
            coordination, respite care services, respite care worker 
            and volunteer recruitment and training programs, or 
            training programs for family caregivers that assist such 
            family caregivers in making informed decisions about 
            respite care services will be provided using grant or 
            cooperative agreement funds;
                ``(vi) a plan for administration, collaboration, and 
            coordination of the proposed respite care activities with 
            other related services or programs offered by public or 
            private, nonprofit entities, including area agencies on 
            aging;
                ``(vii) how the population, including family 
            caregivers, care recipients, and relevant public or private 
            agencies, will participate in the planning and 
            implementation of the proposed respite care activities;
                ``(viii) how the proposed respite care activities will 
            make use, to the maximum extent feasible, of other Federal, 
            State, and local funds, programs, contributions, other 
            forms of reimbursements, personnel, and facilities;
                ``(ix) respite care services available to family 
            caregivers in the eligible State agency's State or 
            locality, including unmet needs and how the eligible State 
            agency's plan for use of funds will improve the 
            coordination and distribution of respite care services for 
            family caregivers of children and adults with special 
            needs;
                ``(x) the criteria used to identify family caregivers 
            eligible for respite care services;
                ``(xi) how the quality and safety of any respite care 
            services provided will be monitored, including methods to 
            ensure that respite care workers and volunteers are 
            appropriately screened and possess the necessary skills to 
            care for the needs of the care recipient in the absence of 
            the family caregiver; and
                ``(xii) the results expected from proposed respite care 
            activities and the procedures to be used for evaluating 
            those results;
            ``(C) assurances that, where appropriate, the eligible 
        State agency will have a system for maintaining the 
        confidentiality of care recipient and family caregiver records; 
        and
            ``(D) a memorandum of agreement regarding the joint 
        responsibility for the eligible State agency's lifespan respite 
        program between--
                ``(i) the eligible State agency; and
                ``(ii) a public or private nonprofit statewide respite 
            coalition or organization.
    ``(e) Priority; Considerations.--When awarding grants or 
cooperative agreements under this section, the Secretary shall--
        ``(1) give priority to eligible State agencies that the 
    Secretary determines show the greatest likelihood of implementing 
    or enhancing lifespan respite care statewide; and
        ``(2) give consideration to eligible State agencies that are 
    building or enhancing the capacity of their long-term care systems 
    to respond to the comprehensive needs, including respite care 
    needs, of their residents.
    ``(f) Use of Grant or Cooperative Agreement Funds.--
        ``(1) In general.--
            ``(A) Required uses of funds.--Each eligible State agency 
        awarded a grant or cooperative agreement under this section 
        shall use all or part of the funds--
                ``(i) to develop or enhance lifespan respite care at 
            the State and local levels;
                ``(ii) to provide respite care services for family 
            caregivers caring for children or adults;
                ``(iii) to train and recruit respite care workers and 
            volunteers;
                ``(iv) to provide information to caregivers about 
            available respite and support services; and
                ``(v) to assist caregivers in gaining access to such 
            services.
            ``(B) Optional uses of funds.--Each eligible State agency 
        awarded a grant or cooperative agreement under this section may 
        use part of the funds for--
                ``(i) training programs for family caregivers to assist 
            such family caregivers in making informed decisions about 
            respite care services;
                ``(ii) other services essential to the provision of 
            respite care as the Secretary may specify; or
                ``(iii) training and education for new caregivers.
        ``(2) Subcontracts.--Each eligible State agency awarded a grant 
    or cooperative agreement under this section may carry out the 
    activities described in paragraph (1) directly or by grant to, or 
    contract with, public or private entities.
        ``(3) Matching funds.--
            ``(A) In general.--With respect to the costs of the 
        activities to be carried out under paragraph (1), a condition 
        for the receipt of a grant or cooperative agreement under this 
        section is that the eligible State agency agrees to make 
        available (directly or through donations from public or private 
        entities) non-Federal contributions toward such costs in an 
        amount that is not less than 25 percent of such costs.
            ``(B) Determination of amount contributed.--Non-Federal 
        contributions required by subparagraph (A) may be in cash or in 
        kind, fairly evaluated, including plant, equipment, or 
        services. Amounts provided by the Federal Government, or 
        services assisted or subsidized to any significant extent by 
        the Federal Government, may not be included in determining the 
        amount of such non-Federal contributions.
    ``(g) Term of Grants or Cooperative Agreements.--
        ``(1) In general.--The Secretary shall award grants or 
    cooperative agreements under this section for terms that do not 
    exceed 5 years.
        ``(2) Renewal.--The Secretary may renew a grant or cooperative 
    agreement under this section at the end of the term of the grant or 
    cooperative agreement determined under paragraph (1).
    ``(h) Maintenance of Effort.--Funds made available under this 
section shall be used to supplement and not supplant other Federal, 
State, and local funds available for respite care services.
    ``SEC. 2903. NATIONAL LIFESPAN RESPITE RESOURCE CENTER.
    ``(a) Establishment.--The Secretary may award a grant or 
cooperative agreement to a public or private nonprofit entity to 
establish a National Resource Center on Lifespan Respite Care (referred 
to in this section as the `center').
    ``(b) Purposes of the Center.--The center shall--
        ``(1) maintain a national database on lifespan respite care;
        ``(2) provide training and technical assistance to State, 
    community, and nonprofit respite care programs; and
        ``(3) provide information, referral, and educational programs 
    to the public on 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. 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.''.
SEC. 3. GAO REPORT ON LIFESPAN RESPITE CARE PROGRAMS.
    Not later than January 1, 2011,  the Comptroller General of the 
United States shall conduct an evaluation and submit a report to the 
Congress on the effectiveness of lifespan respite programs, including 
an analysis of cost benefits and improved efficiency in service 
delivery.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.