[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4555 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4555

   To reauthorize funding for programs to prevent, investigate, and 
    prosecute elder abuse, neglect, and exploitation, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 10, 2020

 Mr. Wyden (for himself and Mr. Casey) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Elder Justice Reauthorization Act of 
2020''.

SEC. 2. REAUTHORIZATION OF FUNDING FOR PROGRAMS TO PREVENT, 
              INVESTIGATE, AND PROSECUTE ELDER ABUSE, NEGLECT, AND 
              EXPLOITATION.

    (a) Elder Abuse, Neglect, and Exploitation Forensic Centers.--
Section 2031(f) of the Social Security Act (42 U.S.C. 1397l(f)) is 
amended--
            (1) in paragraph (2), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (3), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(4) for fiscal year 2021, $12,000,000;
            ``(5) for fiscal year 2022, $18,000,000; and
            ``(6) for each of fiscal years 2023 and 2024, 
        $24,000,000.''.
    (b) Grants for Long-Term Care Staffing and Technology.--Section 
2041(d) of the Social Security Act (42 U.S.C. 1397m(d)) is amended--
            (1) in paragraph (2), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (3), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(4) for fiscal year 2021, $60,000,000;
            ``(5) for fiscal year 2022, $52,500,000; and
            ``(6) for each of fiscal years 2023 and 2024, 
        $45,000,000.''.
    (c) Adult Protective Services Functions and Grant Programs.--
Section 2042 of the Social Security Act (42 U.S.C. 1397m-1) is 
amended--
            (1) in subsection (a)(2), by striking ``$3,000,000'' and 
        all that follows through the period and inserting ``$12,000,000 
        for each of fiscal years 2021 through 2024.'';
            (2) in subsection (b)(5), by striking ``$100,000,000'' and 
        all that follows through the period and inserting 
        ``$300,000,000 for each of fiscal years 2021 through 2024.''; 
        and
            (3) in subsection (c)(6), by striking ``$25,000,000'' and 
        all that follows through the period and inserting ``$75,000,000 
        for each of fiscal years 2021 through 2024.''.
    (d) Long-Term Care Ombudsman Program Grants and Training.--Section 
2043 of the Social Security Act (42 U.S.C. 1397m-2) is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (B), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(D) for fiscal year 2021, $15,000,000;
                    ``(E) for fiscal year 2022, $22,500,000; and
                    ``(F) for each of fiscal years 2023 and 2024, 
                $30,000,000.''; and
            (2) in subsection (b)(2), by inserting before the period 
        the following: ``, and for each of fiscal years 2021 through 
        2024, $30,000,000''.
    (e) Investigation Systems and Training.--Section 6703(b) of the 
Patient Protection and Affordable Care Act (42 U.S.C. 1395i-3a(b)) is 
amended--
            (1) in paragraph (1)(C), by striking ``for the period'' and 
        all that follows through the period and inserting ``for each of 
        fiscal years 2021 through 2024, $36,000,000.''; and
            (2) in paragraph (2)(C), by striking ``for each of fiscal 
        years 2011 through 2014, $5,000,000'' and inserting ``for each 
        of fiscal years 2021 through 2024, $15,000,000''.
    (f) Technical Amendment.--Section 2011(12)(A) of the Social 
Security Act (42 U.S.C. 1397j(12)(A)) is amended by striking ``450b'' 
and inserting ``5304''.

SEC. 3. INCREASED FUNDING FOR STATES AND INDIAN TRIBES FOR ADULT 
              PROTECTIVE SERVICES.

    (a) Increase in Funding for Social Services Block Grant Program.--
            (1) In general.--The amount specified in subsection (c) of 
        section 2003 of the Social Security Act for purposes of 
        subsections (a) and (b) of such section is deemed to be 
        $1,900,000,000 for fiscal year 2020, of which $200,000,000 
        shall be obligated by States during calendar year 2020 in 
        accordance with subsection (b) of this section.
            (2) Appropriation.--Out of any money in the Treasury of the 
        United States not otherwise appropriated, there are 
        appropriated $200,000,000 to make grants to States under this 
        subsection.
            (3) Deadline for distribution of funds.--Within 45 days 
        after the date of the enactment of this Act, the Secretary of 
        Health and Human Services shall distribute the funds made 
        available by this subsection, which shall be made available to 
        States (as defined for purposes of title XX of the Social 
        Security Act in section 1101 of such Act (42 U.S.C. 1301)) on 
        an emergency basis for immediate obligation and expenditure.
            (4) Submission of revised pre-expenditure report.--Within 
        90 days after a State receives funds made available by this 
        subsection, the State shall submit to the Secretary of Health 
        and Human Services a revised pre-expenditure report pursuant to 
        subtitle A of title XX of the Social Security Act (42 U.S.C. 
        1397 et seq.) that describes how the State plans to administer 
        the funds.
            (5) Obligation of funds by states.--A State to which funds 
        made available by this subsection are distributed shall 
        obligate such funds before the date that is 120 days after the 
        State receives such funds.
            (6) Expenditure of funds by states.--A grantee to which a 
        State (or a subgrantee to which a grantee) provides funds made 
        available by this subsection shall expend the funds not later 
        than December 31, 2021.
    (b) Rules Governing Use of Additional Funds.--Funds are used in 
accordance with this subsection if--
            (1) the funds are used for adult protective services (as 
        defined in section 2011(2) of the Social Security Act (42 
        U.S.C. 1397j(2)));
            (2) the funds are used subject to the limitations in 
        section 2005 of the Social Security Act (42 U.S.C. 1397d); and
            (3) the funds are used to supplement, not supplant, State 
        general revenue funds for adult protective services.
    (c) Funding for Indian Tribes and Tribal Organizations.--
            (1) Grants.--
                    (A) In general.--Within 90 days after the date of 
                the enactment of this Act, the Secretary of Health and 
                Human Services shall make grants to Indian Tribes and 
                Tribal organizations (as defined in section 677(e)(1) 
                of the Community Services Block Grant Act (42 U.S.C. 
                9911(e)(1))).
                    (B) Amount of grant.--The amount of the grant for 
                an Indian Tribe or Tribal organization shall bear the 
                same ratio to the amount appropriated by paragraph (3) 
                as the total amount of grants awarded to the Indian 
                Tribe or Tribal organization under the Low-Income Home 
                Energy Assistance Act of 1981 and the Community Service 
                Block Grant for fiscal year 2020 bears to the total 
                amount of grants awarded to all Indian Tribes and 
                Tribal organizations under such Act and such Grant for 
                the fiscal year.
            (2) Rules governing use of funds.--An entity to which a 
        grant is made under paragraph (1) shall obligate the funds not 
        later than September 30, 2021, and the funds shall be expended 
        by grantees and subgrantees not later than December 31, 2021, 
        and used in accordance with subsection (b) of this section 
        (except that paragraph (3) of such subsection shall be applied 
        by substituting ``general revenue funds of the Indian Tribe or 
        Tribal organization'' for ``State general revenue funds'').
            (3) Reports.--
                    (A) Submission of pre-expenditure report and 
                intended use plan.--Not later than 90 days after an 
                Indian Tribe or Tribal organization receives funds made 
                available by this subsection, the Indian Tribe or 
                Tribal organization shall submit to the Secretary of 
                Health and Human Services a report on the intended use 
                of such funds including information on the types of 
                activities to be supported and the categories or 
                characteristics of individuals to be served. The report 
                shall be subsequently revised as may be necessary to 
                reflect substantial changes in the activities to be 
                supported or the categories or characteristics of 
                individuals to be served.
                    (B) Post-expenditure report.--Not later than 
                January 1, 2022, each Indian Tribe or Tribal 
                organization that receives funds made available under 
                this section shall submit to the Secretary of Health 
                and Human Services a report on the activities supported 
                by such funds. Such report shall be in such form and 
                contain such information (including the information 
                described in section 2006(c) of the Social Security Act 
                (42 U.S.C. 1397e(c))) as the Tribe or organization 
                finds necessary to provide an accurate description of 
                such activities, to secure a complete record of the 
                purposes for which funds were spent, and to determine 
                the extent to which funds were spent in a manner 
                consistent with the report required by subparagraph 
                (A).
            (4) Appropriation.--Out of any money in the Treasury of the 
        United States not otherwise appropriated, there are 
        appropriated $10,000,000 for making grants to Indian Tribes and 
        Tribal organizations under this subsection.

SEC. 4. ASSESSMENT REPORTS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, and not less frequently than once every 2 years 
thereafter, the Secretary of Health and Human Services shall submit a 
report to the Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of the Senate on the 
programs, coordinating bodies, registries, and activities established 
or authorized under subtitle B of title XX of the Social Security Act 
(42 U.S.C. 1397l et seq.) or section 6703(b) of the Patient Protection 
and Affordable Care Act (42 U.S.C. 1395i-3a(b)). Each such report shall 
assess the extent to which such programs, coordinating bodies, 
registries, and activities have improved access to, and the quality of, 
resources available to aging Americans and their caregivers to 
ultimately prevent, detect, and treat abuse, neglect, and exploitation, 
and shall include, as appropriate, recommendations to Congress on 
funding levels and policy changes to help these programs, coordinating 
bodies, registries, and activities better prevent, detect, and treat 
abuse, neglect, and exploitation of aging Americans.
    (b) Authorization.--For each of fiscal years 2021 through 2024, out 
of any money in the Treasury of the United States not otherwise 
appropriated, there are authorized to be appropriated to the Secretary 
of Health and Human Services $5,000,000 to carry out this section.
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