[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4736 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4736

    To amend the Older Americans Act of 1965 to develop and expand 
 integrated caregiver support services for family caregivers, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 23, 2024

  Mr. Markey introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
    To amend the Older Americans Act of 1965 to develop and expand 
 integrated caregiver support services for family caregivers, 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 ``Respite Care And Resources for 
Everyone Act'' or the ``Respite CARE Act''.

SEC. 2. CAREGIVER SUPPORT.

    Title IV of the Older Americans Act of 1965 is amended by inserting 
after section 414 (42 U.S.C. 3032c) the following:

``SEC. 415. CAREGIVER SUPPORT.

    ``(a) Grants.--The Assistant Secretary may make grants to eligible 
entities for the development or expansion of integrated caregiver 
support services, through which a provider provides, at the same time 
and integrated setting, respite care to assist family caregivers and 
other supportive services or support services described in section 
373(b) for family caregivers.
    ``(b) Eligible Entity.--To be eligible to receive a grant under 
subsection (a), an entity shall be a State or local government agency, 
a nonprofit organization, an area agency on aging, the provider of a 
multipurpose senior center, an institution of higher education, or a 
Tribal organization.
    ``(c) Application.--To be eligible to receive a grant under 
subsection (a), an entity shall submit an application to the Assistant 
Secretary at such time, in such manner, and containing such information 
as the Assistant Secretary may require.
    ``(d) Use of Funds.--An eligible entity receiving a grant under 
subsection (a) shall use the grant funds, consistent with subsection 
(e)--
            ``(1) to develop or expand integrated caregiver support 
        services in order to provide respite care at the same time and 
        integrated setting as supportive services or support services 
        described in section 373(b) for family caregivers; and
            ``(2) to provide services described in paragraph (1) in a 
        manner that is accessible, as appropriate for the family 
        caregiver or the care recipient, as the case may be, including 
        providing the services--
                    ``(A) through assistive technology;
                    ``(B) in an accessible language;
                    ``(C) for caregivers for whom English is not their 
                primary language, through translation or interpretation 
                services; and
                    ``(D) in an accessible format, including formats 
                compatible with American Sign Language and multiple 
                languages.
    ``(e) Direct or Indirect Provision.--An eligible entity receiving 
such a grant may use the grant funds directly, or indirectly by 
contract with a health care provider or child care provider, to provide 
respite care.
    ``(f) Definitions.--In this section:
            ``(1) Caregiver support services.--The term `caregiver 
        support services' means services, provided for a family 
        caregiver, that are--
                    ``(A) supportive services; or
                    ``(B) support services described in section 373(b).
            ``(2) Child care provider.--
                    ``(A) In general.--The term `child care provider' 
                means a center-based child care provider, a family 
                child care provider, or other provider of child care 
                services for compensation that--
                            ``(i) is licensed to provide child care 
                        services under State law applicable to the 
                        child care services it provides or, in the case 
                        of an Indian Tribe or Tribal organization, 
                        meets the rules set by the Secretary of Health 
                        and Human Services;
                            ``(ii) participates in the State's tiered 
                        system for recognizing and supporting the 
                        quality of child care services, or, in the case 
                        of an Indian Tribe or Tribal organization, 
                        meets the rules set by the Secretary, on such 
                        schedule as the Secretary may provide; and
                            ``(iii) satisfies the State and local 
                        requirements, including those requirements 
                        described in section 658E(c)(2)(I) of the Child 
                        Care and Development Block Grant Act of 1990 
                        (42 U.S.C. 9858c(c)(2)(I)), applicable to the 
                        child care services it provides.
                    ``(B) Family child care provider.--In subparagraph 
                (A), the term `family child care provider' means one or 
                more individuals who provide child care services, in a 
                private residence other than the residences of the 
                children involved, for less than 24 hours per day per 
                child, or for 24 hours per day per child due to the 
                nature of the work of the parent involved.
            ``(3) Family caregiver.--The term `family caregiver'--
                    ``(A) means--
                            ``(i) an adult family member, or another 
                        individual, who is an informal provider of in-
                        home and community care to an older individual 
                        or to an individual of any age with Alzheimer's 
                        disease or a related disorder with neurological 
                        and organic brain dysfunction; or
                            ``(ii) an older relative caregiver; and
                    ``(B) does not include an individual providing care 
                whose primary relationship with the individual 
                receiving the care is based on a financial or 
                professional agreement.
            ``(4) Health care provider.--The term `health care 
        provider' means a health care provider, as defined in section 
        3000 of the Public Health Service Act (42 U.S.C. 300jj) or a 
        Federally qualified health center, as defined in section 1861 
        of the Social Security Act (42 U.S.C. 1395x).
            ``(5) Indian tribe, tribal organization.--The terms `Indian 
        Tribe' and `Tribal organization' have the meanings given the 
        terms `Indian tribe' and `tribal organization', respectively, 
        in section 658P of such Act (42 U.S.C. 9858n).
            ``(6) Older relative caregiver.--The term `older relative 
        caregiver'--
                    ``(A) means a caregiver who--
                            ``(i) is age 55 or older; and
                            ``(ii) lives with, is the informal provider 
                        of in-home and community care to, and is the 
                        primary caregiver for, a child or an individual 
                        with a disability;
                    ``(B) in the case of a caregiver for a child--
                            ``(i) is the grandparent, stepgrandparent, 
                        or other relative (other than the parent) by 
                        blood, marriage, or adoption, of the child;
                            ``(ii) is the primary caregiver of the 
                        child because the biological or adoptive 
                        parents are unable or unwilling to serve as the 
                        primary caregivers of the child; and
                            ``(iii) has a legal relationship to the 
                        child, such as legal custody, adoption, or 
                        guardianship, or is raising the child 
                        informally; and
                    ``(C) in the case of a caregiver for an individual 
                with a disability, is the parent, grandparent, or other 
                relative by blood, marriage, or adoption, of the 
                individual with a disability.
            ``(7) Respite care.--The term `respite care' means care, 
        which may include health care and child care, for a care 
        recipient of a family caregiver.''.
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