[Congressional Record Volume 149, Number 149 (Wednesday, October 22, 2003)]
[Senate]
[Pages S13062-S13063]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                DIRECT SUPPORT PROFESSIONALS RECOGNITION

  Mr. FRIST. I ask unanimous consent the HELP Committee be discharged 
from further action on S. Con. Res. 21 and the Senate proceed to its 
immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the concurrent resolution by title.
  The legislative clerk read as follows:

       A concurrent resolution (S. Con. Res. 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.

  There being no objection, the Senate proceeded to consider the 
concurrent resolution.
  Mr. FRIST. I ask unanimous consent the amendment at the desk be 
agreed to, the concurrent resolution, as amended, be agreed to, the 
amendment to the preamble, which is at the desk, be agreed to, the 
preamble, as amended, be agreed to, the motion to reconsider be laid 
upon the table, and any statements regarding this matter be printed in 
the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 1897) was agreed to, as follows:


                           amendment no. 1897

       In section 2, strike ``ensure'' and insert ``promote''.

  The concurrent resolution (S. Con. Res. 21), as amended, was agreed 
to.
  The amendment (No. 1898) was agreed to, as follows:


                           Amendment No. 1898

       In the first whereas clause of the preamble, before the 
     semicolon, insert ``, including mental retardation, autism, 
     cerebral palsy, Down syndrome, epilepsy, and other related 
     conditions''.
       Strike the second whereas clause of the preamble.
       Strike the eighth whereas clause of the preamble.
       Strike the ninth whereas clause of the preamble.

  The preamble, as amended, was agreed to.
  The concurrent resolution, as amended, with its preamble, as amended, 
reads as follows:

                            S. Con. Res. 21

       Whereas there are more than 8,000,000 Americans who have 
     mental retardation or other developmental disabilities, 
     including 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 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,

[[Page S13063]]

     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 promote 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.

  Mr. BUNNING. Mr. President, I am pleased the Senate has agreed to 
pass S. Con. Res. 21, the Direct Support Professional Recognition 
Resolution. Earlier this year, I introduced this bipartisan resolution 
with Senator Lincoln. This resolution recognizes the importance of 
direct support professionals who are responsible for helping those with 
mental retardation and disabilities integrate into and excel in 
communities across the nation.
  These professionals provide a wide range of supportive services to 
their clients on a daily basis, including habitation, health needs, 
personal care and hygiene, employment, transportation, recreation, 
housekeeping and other home management-related supports and services so 
that these individuals can live and work in their communities. These 
jobs are demanding both physically and emotionally, and these direct 
support professionals should be commended for the important work they 
do. This resolution and action by the Senate recognizes just how 
important they are to others in need.
  The recruitment and retention of quality, trained direct support 
workers is critical to providing high-quality support and services to 
disabled individuals. Unfortunately, there is a crisis in the direct 
support field, particularly in finding and keeping quality direct 
support workers. In fact, the annual turnover rates of direct support 
workers range from 40 percent and 75 percent.
  Several factors have contributed to this crisis, including a 
tightened labor market, growing demand for community-based care, and 
legal decisions supporting community integration. Unfortunately, many 
parents who rely on direct support professionals to help care for with 
disabled child in the community are becoming concerned that these 
professionals may not be available in the future. No parent should be 
faced with these types of worries.
  This resolution draws much-needed attention to the problems 
surrounding the long-term care infrastructure for individuals with 
developmental disabilities who live in their communities. The 
resolution calls on the Federal and State governments to make it a 
priority to promote a quality, stable direct support workforce that 
advances this nation's commitment to community integration for 
individuals with mental retardation and other developmental 
disabilities.
  Without well-trained and quality direct support professionals, many 
disabled individuals may find living in the community more difficult. 
We shouldn't let that happen, and I hope this resolution can help focus 
Congress's and the Nation's attention on this important matter.
  I am grateful for the Senate's passage of this resolution and its 
concern for our direct support professionals and those individuals they 
care for.

                          ____________________