[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