[Congressional Record Volume 149, Number 41 (Thursday, March 13, 2003)]
[Senate]
[Page S3751]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 SENATE CONCURRENT RESOLUTION 21--EXPRESSING THE SENSE OF THE CONGRESS 
THAT COMMUNITY INCLUSION AND ENHANCED LIVES FOR INDIVIDUALS WITH MENTAL 
  RETARDATION OR OTHER DEVELOPMENTAL DISABILITIES IS AT SERIOUS RISK 
   BECAUSE OF THE CRISIS IN RECRUITING AND RETAINING DIRECT SUPPORT 
  PROFESSIONALS, WHICH IMPEDES THE AVAILABILITY OF A STABLE, QUALITY 
                       DIRECT SUPPORT WORKFORCE.

  Mr. BUNNING (for himself and Mrs. Lincoln) submitted the following 
concurrent resolution; which was referred to the Committee on Health, 
Education, Labor, and Pensions:

                            S. Con. Res. 21

       Whereas there are more than 8,000,000 Americans who have 
     mental retardation or other developmental disabilities;
       Whereas individuals with developmental disabilities include 
     those with mental retardation, autism, cerebral palsy, Down 
     syndrome, epilepsy, and other related conditions;
       Whereas individuals with mental retardation or other 
     developmental disabilities have substantial limitations on 
     their functional capacities, including limitations in two or 
     more of the areas of self-care, receptive and expressive 
     language, learning, mobility, self-direction, independent 
     living, and economic self-sufficiency, as well as the 
     continuous need for individually planned and coordinated 
     services;
       Whereas for the past two decades individuals with mental 
     retardation or other developmental disabilities and their 
     families have increasingly expressed their desire to live and 
     work in their communities, joining the mainstream of American 
     life;
       Whereas the Supreme Court, in its Olmstead decision, 
     affirmed the right of individuals with mental retardation or 
     other developmental disabilities to receive community-based 
     services as an alternative to institutional care;
       Whereas the demand for community supports and services is 
     rapidly growing, as States comply with the Olmstead decision 
     and continue to move more individuals from institutions into 
     the community;
       Whereas the demand will also continue to grow as family 
     caregivers age, individuals with mental retardation or other 
     developmental disabilities live longer, waiting lists grow, 
     and services expand;
       Whereas our Nation's long-term care delivery system is 
     dependent upon a disparate array of public and private 
     funding sources, and is not a conventional industry, but 
     rather is financed primarily through third-party insurers;
       Whereas Medicaid financing of supports and services to 
     individuals with mental retardation or other developmental 
     disabilities varies considerably from State to State, causing 
     significant disparities across geographic regions, among 
     differing groups of consumers, and between community and 
     institutional supports;
       Whereas outside of families, private providers that employ 
     direct support professionals deliver the majority of supports 
     and services for individuals with mental retardation or other 
     developmental disabilities in the community;
       Whereas direct support professionals provide a wide range 
     of supportive services to individuals with mental retardation 
     or other developmental disabilities on a day-to-day basis, 
     including habilitation, health needs, personal care and 
     hygiene, employment, transportation, recreation, and 
     housekeeping and other home management-related supports and 
     services so that these individuals can live and work in their 
     communities;
       Whereas direct support professionals generally assist 
     individuals with mental retardation or other developmental 
     disabilities to lead a self-directed family, community, and 
     social life;
       Whereas private providers and the individuals for whom they 
     provide supports and services are in jeopardy as a result of 
     the growing crisis in recruiting and retaining a direct 
     support workforce;
       Whereas providers of supports and services to individuals 
     with mental retardation or other developmental disabilities 
     typically draw from a labor market that competes with other 
     entry-level jobs that provide less physically and emotionally 
     demanding work, and higher pay and other benefits, and 
     therefore these direct support jobs are not currently 
     competitive in today's labor market;
       Whereas annual turnover rates of direct support workers 
     range from 40 to 75 percent;
       Whereas high rates of employee vacancies and turnover 
     threaten the ability of providers to achieve their core 
     mission, which is the provision of safe and high-quality 
     supports to individuals with mental retardation or other 
     developmental disabilities;
       Whereas direct support staff turnover is emotionally 
     difficult for the individuals being served;
       Whereas many parents are becoming increasingly afraid that 
     there will be no one available to take care of their sons and 
     daughters with mental retardation or other developmental 
     disabilities who are living in the community; and
       Whereas this workforce shortage is the most significant 
     barrier to implementing the Olmstead decision and undermines 
     the expansion of community integration as called for by 
     President Bush's New Freedom Initiative, placing the 
     community support infrastructure at risk: Now, therefore, be 
     it
       Resolved by the Senate (the House of Representatives 
     concurring),

     SECTION 1. SHORT TITLE.

       This resolution may be cited as the ``Direct Support 
     Professional Recognition Resolution''.

     SEC. 2. SENSE OF CONGRESS REGARDING SERVICES OF DIRECT 
                   SUPPORT PROFESSIONALS TO INDIVIDUALS WITH 
                   DEVELOPMENTAL DISABILITIES.

       It is the sense of the Congress that the Federal Government 
     and the States should make it a priority to ensure a stable, 
     quality direct support workforce for individuals with mental 
     retardation or other developmental disabilities that advances 
     our Nation's commitment to community integration for such 
     individuals and to personal security for them and their 
     families.

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