[House Report 116-175]
[From the U.S. Government Publishing Office]


116th Congress    }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                    {       116-175

======================================================================



 
           LIFESPAN RESPITE CARE REAUTHORIZATION ACT OF 2019

                                _______
                                

 July 23, 2019.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Pallone, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2035]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 2035) to amend title XXIX of the Public Health 
Service Act to reauthorize the program under such title 
relating to lifespan respite care, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................2
 II. Background and Need for the Legislation..........................2
III. Committee Hearings...............................................2
 IV. Committee Consideration..........................................3
  V. Committee Votes..................................................3
 VI.  Oversight Findings..............................................3
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures3
VIII.Federal Mandates Statement.......................................4

 IX. Statement of General Performance Goals and Objectives............4
  X. Duplication of Federal Programs..................................4
 XI. Committee Cost Estimate..........................................4
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits......4
XIII.Advisory Committee Statement.....................................4

XIV.  Applicability to Legislative Branch.............................4
 XV. Section-by-Section Analysis of the Legislation...................5
XVI. Changes in Existing Law Made by the Bill, as Reported............5

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Lifespan Respite Care Reauthorization 
Act of 2019''.

SEC. 2. REAUTHORIZATION OF LIFESPAN RESPITE CARE PROGRAM.

  (a) Data Collection and Reporting.--Section 2904 of the Public Health 
Service Act (42 U.S.C. 290ii-3) is amended to read as follows:

``SEC. 2904. DATA COLLECTION AND REPORTING.

  ``Each eligible State agency awarded a grant or cooperative agreement 
under section 2902 shall collect, maintain, and report such data and 
records at such times, in such form, and in such manner as the 
Secretary may require to enable the Secretary--
          ``(1) to monitor State administration of programs and 
        activities funded pursuant to such grant or cooperative 
        agreement; and
          ``(2) to evaluate, and to compare effectiveness on a State-
        by-State basis, of programs and activities funded pursuant to 
        section 2902.''.
  (b) Funding.--Section 2905 of the Public Health Service Act (42 
U.S.C. 300ii-4) is amended by striking paragraphs (1) through (5) and 
inserting the following:
          ``(1) $20,000,000 for fiscal year 2020;
          ``(2) $30,000,000 for fiscal year 2021;
          ``(3) $40,000,000 for fiscal year 2022;
          ``(4) $50,000,000 for fiscal year 2023; and
          ``(5) $60,000,000 for fiscal year 2024.''.

                         I. Purpose and Summary

    H.R. 2035, the ``Lifespan Respite Care Reauthorization Act 
of 2019'' was introduced on April 2, 2019, by Reps. Langevin 
(D-RI) and Rodgers (R-WA) and referred to the Committee on 
Energy and Commerce. H.R. 2035 would reauthorize the Lifespan 
Respite Care program at $20 million in fiscal year (FY) 2020 
and increase the authorization by $10 million each year 
thereafter through FY 2024. H.R. 2035 would also add new 
reporting requirements for program grantees.

                II. Background and Need for Legislation

    The Lifespan Respite Care program was first authorized by 
Congress in 2006.\1\ Respite care is defined as ``planned or 
emergency care provided to a child or adult with a special need 
in order to provide temporary relief to the family caregiver of 
that child or adult.''\2\ Respite services may be provided in 
settings such as a person's home, adult day care centers, or 
residential care facilities.\3\ States have flexibility to use 
program funds to support the availability of respite services 
in a variety of ways. For example, some states use funds for 
consumer-directed respite vouchers, training of volunteer and 
paid respite providers, or educating families about how to 
access respite care. The program is administered by the 
Administration for Community Living (ACL) and currently 20 
states receive grants. Since 2009, ACL has contracted with the 
ARCH National Respite Network and Resource Center to provide 
technical assistance to program grantees. The authorization for 
the Lifespan Respite Care program expired in FY 2011.\4\
---------------------------------------------------------------------------
    \1\Pub. L. No. 109-442.
    \2\Ld.
    \3\Administration for Community Living, The Lifespan Respite Care 
Program (acl.gov/programs/support-caregivers/lifespan-respite-care-
program).
    \4\42 USC 300ii-4
---------------------------------------------------------------------------

                        III. Committee Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress the following hearing was used to develop or 
consider H.R. 2035:
    The Subcommittee on Health held a legislative hearing on 
June 25, 2019, to consider H.R. 2035, the ``Lifespan Respite 
Care Reauthorization Act of 2019'' and three other bills, 
entitled ``Reauthorizing Vital Health Programs for American 
Families.'' The Subcommittee received testimony from:
           Amy Hewitt, Ph.D., Director, Institute on 
        Community Integration, University of Minnesota;
           Joseph Bocchini, M.D., Professor, Department 
        of Pediatrics, Louisiana State University Health, 
        Shreveport;
           Patricia Kunz Howard, Ph.D., RN, President, 
        Emergency Nurses Association, Director, Emergency 
        Services, University of Kentucky Healthcare; and
           Jill Kagan, Director, ARCH National Respite 
        Network and Resource Center.

                      IV. Committee Consideration

    H.R. 2035, the ``Lifespan Respite Care Reauthorization Act 
of 2019'' was introduced in the House on April 2, 2019, by 
Reps. Langevin (D-RI) and Rodgers (R-WA) and referred to the 
Committee on Energy and Commerce. Subsequently, the bill was 
referred to the Subcommittee on Health on April 3, 2019. 
Following a legislative hearing, the Subcommittee met in open 
markup session, pursuant to notice, on July 11, 2019, for 
consideration of the bill H.R. 2035. During consideration of 
the bill, an amendment in the nature of a substitute was 
offered by Ms. Eshoo (D-CA), Chairwoman of the Subcommittee, 
and was agreed to by a voice vote. Subsequently, the 
Subcommittee on Health agreed to a motion by Ms. Eshoo that 
H.R. 2035 be forwarded favorably to the full Committee on 
Energy and Commerce, amended, by a voice vote.
    On July 17, 2019, the full Committee met in open markup 
session, pursuant to notice, to consider the bill H.R. 2035, as 
amended by the Subcommittee. At the conclusion of consideration 
of the bill, the full Committee on Energy and Commerce agreed 
to a motion by Mr. Pallone, Chairman of the Committee, that 
H.R. 2035 be ordered reported favorably to the House, as 
amended, by a voice vote, a quorum being present.

                           V. Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
Committee advises that there were no record votes taken on H.R. 
2035.

                         VI. Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in the descriptive portion of the report.

 VII. New Budget Authority, Entitlement Authority, and Tax Expenditures

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                    VIII. Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to amend 
title XXIX of the Public Health Service Act to reauthorize the 
program under such title relating to lifespan respite care.

                   X. Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 2035 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XI. Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

    XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 2035 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                   XIII. Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                XIV. Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section 1 designates that the short title may be cited as 
the ``Lifespan Respite Care Reauthorization Act of 2019''.

Sec. 2. Reauthorization of Lifespan Respite Care Program

    Section 2 amends Section 2904 of the Public Health Service 
Act to require each entity awarded a Lifespan Respite Care 
program grant or cooperative agreement to collect, maintain, 
and report certain data and records to the Secretary of Health 
and Human Services for the purposes of monitoring the 
administration of the grant and evaluating the effectiveness of 
different program activities. Subsection (b) would reauthorize 
the Lifespan Respite Care program at $20 million in fiscal year 
2020 and increase the funding level by $10 million each fiscal 
year thereafter through FY 2024 to $60 million.

       XVI. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                       PUBLIC HEALTH SERVICE ACT



           *       *       *       *       *       *       *
TITLE XXIX--LIFESPAN RESPITE CARE

           *       *       *       *       *       *       *


[SEC. 2904. REPORT.

   [Not later than January 1, 2009, the Secretary shall report 
to the Congress on the activities undertaken under this title. 
Such report shall evaluate--
          [(1) the number of States that have lifespan respite 
        care programs;
          [(2) the demographics of the caregivers receiving 
        respite care services through grants or cooperative 
        agreements under this title; and
          [(3) the effectiveness of entities receiving grants 
        or cooperative agreements under this title.]

SEC. 2904. DATA COLLECTION AND REPORTING.

  Each eligible State agency awarded a grant or cooperative 
agreement under section 2902 shall collect, maintain, and 
report such data and records at such times, in such form, and 
in such manner as the Secretary may require to enable the 
Secretary--
          (1) to monitor State administration of programs and 
        activities funded pursuant to such grant or cooperative 
        agreement; and
          (2) to evaluate, and to compare effectiveness on a 
        State-by-State basis, of programs and activities funded 
        pursuant to section 2902.

SEC. 2905. AUTHORIZATION OF APPROPRIATIONS.

   There are authorized to be appropriated to carry out this 
title--
          [(1) $30,000,000 for fiscal year 2007;
          [(2) $40,000,000 for fiscal year 2008;
          [(3) $53,330,000 for fiscal year 2009;
          [(4) $71,110,000 for fiscal year 2010; and
          [(5) $94,810,000 for fiscal year 2011.]
          (1) $20,000,000 for fiscal year 2020;
          (2) $30,000,000 for fiscal year 2021;
          (3) $40,000,000 for fiscal year 2022;
          (4) $50,000,000 for fiscal year 2023; and
          (5) $60,000,000 for fiscal year 2024.

           *       *       *       *       *       *       *


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