I 118TH CONGRESS 1ST SESSION H. R. 2718 To reauthorize funding for programs to prevent, investigate, and prosecute elder abuse, neglect, and exploitation, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 19, 2023 Mr. NEAL (for himself and Ms. BONAMICI) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, Education and the Workforce, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reauthorize funding for programs to prevent, investigate, and prosecute elder abuse, neglect, and exploitation, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Elder Justice Reau- 4 thorization and Modernization Act of 2023’’. 5 VerDate Sep 11 2014 22:43 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2718.IH H2718 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2718 IH SEC. 2. REAUTHORIZATION OF FUNDING FOR PROGRAMS 1 TO PREVENT AND INVESTIGATE ELDER 2 ABUSE, NEGLECT, AND EXPLOITATION. 3 (a) NURSING HOME WORKER TRAINING GRANTS.— 4 Section 2041 of the Social Security Act (42 U.S.C. 5 1397m) is amended to read as follows: 6 ‘‘SEC. 2041. NURSING HOME WORKER TRAINING GRANTS. 7 ‘‘(a) IN GENERAL.— 8 ‘‘(1) STATE ENTITLEMENT.— 9 ‘‘(A) IN GENERAL.—Each State shall be 10 entitled to receive from the Secretary for each 11 fiscal year specified in subsection (e)(1) a grant 12 in an amount equal to the amount allotted to 13 the State under subparagraph (B). 14 ‘‘(B) STATE ALLOTMENTS.— 15 ‘‘(i) IN GENERAL.—Subject to clauses 16 (ii) and (iii), the amount allotted to a 17 State under this subparagraph for a fiscal 18 year shall be— 19 ‘‘(I) the number of State resi- 20 dents who have attained 65 years of 21 age or have a disability (as defined in 22 section 216(i)(1)), as determined by 23 the Secretary using the most recent 24 version of the American Community 25 Survey published by the Bureau of the 26 VerDate Sep 11 2014 22:43 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2718.IH H2718 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2718 IH Census or a successor data set; di- 1 vided by 2 ‘‘(II) the total number of such 3 residents of all States. 4 ‘‘(ii) LIMITATION.—The amount allot- 5 ted to a State under this subparagraph for 6 a fiscal year shall be not less than 0.25 7 percent of the available amount for the fis- 8 cal year. 9 ‘‘(iii) ADJUSTMENT OF STATE ALLOT- 10 MENTS.—Subject to clause (ii), the Sec- 11 retary shall proportionately increase or de- 12 crease the amounts allotted under this sub- 13 paragraph for a fiscal year as necessary to 14 ensure that the available amount for the 15 fiscal year is allotted among the States. 16 ‘‘(iv) REDETERMINATIONS.— 17 ‘‘(I) FREQUENCY.—The Sec- 18 retary shall make the determination 19 referred to in clause (i)(I) every 5 20 years. 21 ‘‘(II) LIMITATION.—Subject to 22 clause (ii), the amount allotted to a 23 State under this subparagraph, on the 24 basis of such a determination, for a 25 VerDate Sep 11 2014 22:43 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2718.IH H2718 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2718 IH fiscal year after fiscal year 2028 shall 1 be— 2 ‘‘(aa) not less than 90 per- 3 cent of the amount of the grant 4 made to the State under this 5 subparagraph for the then pre- 6 ceding fiscal year; and 7 ‘‘(bb) not more than 110 8 percent of the amount referred to 9 in item (aa). 10 ‘‘(2) GRANTS TO INDIAN TRIBES AND TRIBAL 11 ORGANIZATIONS.— 12 ‘‘(A) IN GENERAL.—The Secretary, in con- 13 sultation with the Secretary of the Interior, 14 shall make grants in accordance with this sec- 15 tion to Indian tribes and tribal organizations 16 who operate at least 1 eligible setting. 17 ‘‘(B) GRANT FORMULA.—The Secretary, in 18 consultation with the Secretary of the Interior, 19 shall devise a formula for distributing among 20 Indian tribes and tribal organizations the 21 amount required to be reserved by subsection 22 (e)(1) for each fiscal year. 23 ‘‘(3) SUB-GRANTS.—A State, Indian tribe, or 24 tribal organization to which an amount is paid under 25 VerDate Sep 11 2014 22:43 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2718.IH H2718 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2718 IH this section may use the amount to make sub-grants 1 to local organizations, including community organi- 2 zations, local non-profits, elder rights and justice 3 groups, and workforce development boards for any 4 purpose described in paragraph (1) or (2) of sub- 5 section (b). 6 ‘‘(b) USE OF FUNDS.— 7 ‘‘(1) REQUIRED USES.—A State to which an 8 amount is paid under this section shall use the 9 amount to— 10 ‘‘(A) provide wage subsidies to eligible in- 11 dividuals; 12 ‘‘(B) provide tuition assistance to, and di- 13 rectly pay the cost of applicable licensing exam 14 fees for, eligible individuals for a degree or cer- 15 tification in a field relevant to their position re- 16 ferred to in subsection (f)(1)(A); 17 ‘‘(C) provide, subsidize, or facilitate access 18 to child care for eligible individuals, including 19 help with referrals, co-pays, or other direct as- 20 sistance as needed; and 21 ‘‘(D) provide assistance where necessary 22 with obtaining appropriate transportation, in- 23 cluding public transportation if available, or gas 24 money or transit vouchers for ride share, taxis, 25 VerDate Sep 11 2014 22:43 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2718.IH H2718 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2718 IH and similar types of transportation if public 1 transportation is unavailable or impractical 2 based on work hours or location. 3 ‘‘(2) AUTHORIZED USES.—A State to which an 4 amount is paid under this section may use the 5 amount to— 6 ‘‘(A) establish a reserve fund for financial 7 assistance to eligible individuals in emergency 8 situations; 9 ‘‘(B) provide in-kind resource donations, 10 such as interview clothing and conference at- 11 tendance fees; 12 ‘‘(C) provide assistance with programs and 13 activities, including legal assistance, deemed 14 necessary to address arrest or conviction 15 records that are an employment barrier; 16 ‘‘(D) support employers operating an eligi- 17 ble setting in the State in providing employees 18 with not less than 2 weeks of paid leave per 19 year; or 20 ‘‘(E) provide other support services the 21 Secretary deems necessary to allow for success- 22 ful recruitment and retention of workers. 23 ‘‘(3) PROVISION OF FUNDS ONLY FOR THE 24 BENEFIT OF ELIGIBLE INDIVIDUALS IN ELIGIBLE 25 VerDate Sep 11 2014 22:43 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2718.IH H2718 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 2718 IH SETTINGS.—A State to which an amount is paid 1 under this section may provide the amount to only 2 an eligible individual or a partner organization serv- 3 ing an eligible individual. 4 ‘‘(4) NONSUPPLANTATION.—A State to which 5 an amount is paid under this section shall not use 6 the amount to supplant the expenditure of any State 7 funds for recruiting, supporting, or retaining em- 8 ployees in an eligible setting. 9 ‘‘(5) OBLIGATION DEADLINE.—A State, Indian 10 tribe, or tribal organization shall remit to the Sec- 11 retary for reallotment under this section any amount 12 paid under this section for a fiscal year that is not 13 obligated within 2 years after the end of the fiscal 14 year. 15 ‘‘(c) ADMINISTRATION.—A State to which a grant is 16 made under this section shall reserve not more than 10 17 percent of the grant to— 18 ‘‘(1) administer subgrants in accordance with 19 this section; 20 ‘‘(2) provide technical assistance and support 21 for applying for and accessing such a subgrant op- 22 portunity; 23 ‘‘(3) publicize the availability of the subgrants; 24 VerDate Sep 11 2014 22:43 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2718.IH H2718 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 2718 IH ‘‘(4) carry out activities to increase the supply 1 of eligible individuals; and 2 ‘‘(5) provide technical assistance to help sub- 3 grantees find and train individuals to provide the 4 services for which they are contracted. 5 ‘‘(d) REPORTS.— 6 ‘‘(1) STATE REPORTS.—Not less frequently 7 than annually, each State to which a grant has been 8 made under this section shall transmit to the Sec- 9 retary a written report describing the activities un- 10 dertaken by the State pursuant to this section dur- 11 ing the period covered by the report, which shall in- 12 clude a specification of— 13 ‘‘(A) the total amount expended in the 14 State for each type of use described in para- 15 graph (1) or (2) of subsection (b); 16 ‘‘(B) the total number of non-State organi- 17 zations in the State to which grant funds were 18 provided, and the amount so provided to each 19 such organization; 20 ‘‘(C) the change in the number of individ- 21 uals working in each job category described in 22 subsection (f)(1)(A) in an eligible setting in the 23 State due to programs or services funded with 24 grants under this section; 25 VerDate Sep 11 2014 22:43 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2718.IH H2718 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 2718 IH ‘‘(D) the average duration of employment 1 for each such job category for individuals re- 2 ceiving, or who previously received, services or 3 supports from a grant under this section; 4 ‘‘(E) wages of workers in each job category 5 described in subsection (f)(1)(A) in an eligible 6 setting in the State with support from grants 7 under this section, as compared to all other 8 workers in the same eligible setting in the 9 State; 10 ‘‘(F) the average amount of paid time off 11 to which a worker in each job category de- 12 scribed in subsection (f)(1)(A) in an eligible set- 13 ting in the State is entitled by their contract 14 among workers with support from a grant 15 under this section, as compared to all workers 16 in eligible settings in the State; and 17 ‘‘(G) such other data elements as the Sec- 18 retary deems relevant. 19 ‘‘(2) REPORT TO THE CONGRESS.—Not later 20 than 3 years after the date of the enactment of this 21 section, and every 4 years thereafter, the Secretary 22 shall submit to the Congress a written report out- 23 lining how the States have used the grants made 24 VerDate Sep 11 2014 22:43 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2718.IH H2718 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 2718 IH under this section during the period covered by the 1 report, which shall include— 2 ‘‘(A) the total amount expended in each 3 State for each type of use described in para- 4 graph (1) or (2) of subsection (b); 5 ‘‘(B) the total number of non-State organi- 6 zations in each State to which grant funds were 7 provided, and the amount so provided to each 8 such organization; 9 ‘‘(C) an analysis of the data provided in 10 the State reports; and 11 ‘‘(D) such other data elements as the Sec- 12 retary deems relevant. 13 ‘‘(e) APPROPRIATION.—Out of any funds in the 14 Treasury not otherwise appropriated, there is appro- 15 priated to the Secretary $400,000,000 for each of fiscal 16 years 2024 through 2027 to carry out this section, of 17 which 2 percent shall be reserved for grants to Indian 18 tribes and tribal organizations. 19 ‘‘(f) DEFINITIONS.—In this section: 20 ‘‘(1) AVAILABLE AMOUNT.—The term ‘available 21 amount’ means, with respect to a fiscal year, the 22 amount specified in subsection (e) that remains after 23 the reservation required by such subsection for the 24 fiscal year, plus all amounts remitted to the Sec- 25 VerDate Sep 11 2014 22:43 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2718.IH H2718 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 2718 IH retary under subsection (b)(5) that have not been 1 reallotted under subsection (a)(1)(B)(iii). 2 ‘‘(2) ELIGIBLE INDIVIDUAL.—The term ‘eligible 3 individual’ means an individual who— 4 ‘‘(A)(i) is a qualified home health aide, as 5 defined in section 484.80(a) of title 42, Code of 6 Federal Regulations; 7 ‘‘(ii) is a nurse aide approved by the State 8 as meeting the requirements of sections 9 483.150 through 483.154 of such title, and is 10 listed in good standing on the State nurse aide 11 registry; 12 ‘‘(iii) is a personal care aide approved by 13 the State, and furnishes personal care services, 14 as defined in section 440.167 of such title; 15 ‘‘(iv) is a qualified hospice aide, as defined 16 in section 418.76 of such title; 17 ‘‘(v) is a licensed practical nurse or a li- 18 censed or certified social worker; or 19 ‘‘(vi) is receiving training to be certified or 20 licensed as such an aide, nurse, or social work- 21 er; and 22 ‘‘(B) provides (or, in the case of a trainee, 23 intends to provide) services as such an aide, 24 nurse, or social worker in an eligible setting. 25 VerDate Sep 11 2014 22:43 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2718.IH H2718 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 2718 IH ‘‘(3) ELIGIBLE SETTING.—The term ‘eligible 1 setting’ means— 2 ‘‘(A) a skilled nursing facility, as defined 3 in section 1819; 4 ‘‘(B) a nursing facility, as defined in sec- 5 tion 1919; 6 ‘‘(C) a home health agency, as defined in 7 section 1891; 8 ‘‘(D) a facility approved to deliver home or 9 community-based services authorized under 10 State options described in subsection (c) or (i) 11 of section 1915 or, as relevant, demonstration 12 projects authorized under section 1115; 13 ‘‘(E) a hospice, as defined in section 1814; 14 or 15 ‘‘(F) a tribal assisted living facility. 16 ‘‘(4) TRIBAL ORGANIZATION.—The term ‘tribal 17 organization’ has the meaning given the term in sec- 18 tion 4 of the Indian Self-Determination and Edu- 19 cation Assistance Act.’’. 20 (b) ADULT PROTECTIVE SERVICES FUNCTIONS AND 21 GRANT PROGRAMS.— 22 (1) DIRECT FUNDING; STATE ENTITLEMENT.— 23 Section 2042 of the Social Security Act (42 U.S.C. 24 1397m–1) is amended— 25 VerDate Sep 11 2014 22:43 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2718.IH H2718 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 2718 IH (A) in subsection (a), by striking para- 1 graph (2) and inserting the following: 2 ‘‘(2) APPROPRIATION.—Out of any money in 3 the Treasury not otherwise appropriated, there are 4 appropriated to the Secret [Text truncated for display. 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