118 HR 2941 RH: Recognizing the Role of Direct Support Professionals Act
U.S. House of Representatives
2024-09-19
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Union Calendar No. 587
118th CONGRESS
2d Session
H. R. 2941
[Report No. 118–693]
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Mr. Fitzpatrick (for himself and Mr. Morelle) introduced the following bill; which was referred to the Committee on Education and the Workforce
September 19, 2024
Additional sponsors: Ms. Ross, Mr. Phillips, Mr. Golden of Maine, Mr. Kim of New Jersey, Mr. Trone, Mr. Krishnamoorthi, Mr. Molinaro, Ms. Kuster, Mr. Raskin, Ms. Wild, Mr. Higgins of New York, Ms. Norton, Mrs. Peltola, Mr. Lawler, Mr. Joyce of Pennsylvania, Ms. Caraveo, Mr. Pappas, Mr. Thompson of Pennsylvania, Mr. Cleaver, Mr. Evans, Mr. Davis of North Carolina, Mr. McGovern, Mr. Mrvan, Ms. Blunt Rochester, Mr. Connolly, Mr. Luetkemeyer, Mr. Nickel, Mr. Casten, Ms. Davids of Kansas, Ms. Kaptur, Ms. Porter, Mr. Ryan, Ms. Pettersen, Ms. Pingree, Mr. Moulton, Mr. Cartwright, Mrs. Cherfilus-McCormick, Mr. Neguse, Mr. Tonko, Mr. Bowman, Mr. Carey, Ms. Bonamici, Mr. Torres of New York, Mr. Estes, Mr. Comer, Mr. Smucker, Mrs. Kim of California, Mr. Kildee, Mr. Crow, Mr. Suozzi, Mr. Auchincloss, and Mr. Carter of Louisiana
September 19, 2024
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
Strike out all after the enacting clause and insert the part printed in italic
For text of introduced bill, see copy of bill as introduced on April 27, 2023
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.
1.

Short title
This Act may be cited as the “Recognizing the Role of Direct Support Professionals Act”.
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.
(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.
(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.
(4)
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.
(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.
(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.
(7)
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.
3.

Definition of direct support professional
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—
(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;
(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;
(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
(4)
services that support such individual at home, work, school, or any other community setting.
4.

Revision of Standard Occupational Classification system
(a)

In general
The Director of the Office of Management and Budget (in this Act referred to as the “Director”) shall, as part of the first revision process of the Standard Occupational Classification system occurring after the date of enactment of this Act, consider establishing a separate code for direct support professionals as a subset of healthcare support occupations.
(b)

Report to Congress
If the Director decides not to establish the separate code for direct support professionals described in subsection (a), the Director shall, not later than 60 days after the Director announces in the Federal Register the final decision of the revision process described in such subsection, submit 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 a report explaining why such separate code was not established.
September 19, 2024
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed