[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1332 Engrossed in Senate (ES)]

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118th CONGRESS
  2d Session
                                S. 1332

_______________________________________________________________________

                                 AN ACT


 
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.

    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 ``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.

            Passed the Senate March 20, 2024.

            Attest:

                                                             Secretary.
118th CONGRESS

  2d Session

                                S. 1332

_______________________________________________________________________

                                 AN ACT

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.