Elder Justice Reauthorization Act of 2020

II 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 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 Act of 2020’’. 5 VerDate Sep 11 2014 23:53 Sep 10, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4555.IS S4555 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 4555 IS SEC. 2. REAUTHORIZATION OF FUNDING FOR PROGRAMS 1 TO PREVENT, INVESTIGATE, AND PROSECUTE 2 ELDER ABUSE, NEGLECT, AND EXPLOI- 3 TATION. 4 (a) ELDER ABUSE, NEGLECT, AND EXPLOITATION 5 FORENSIC CENTERS.—Section 2031(f) of the Social Secu- 6 rity Act (42 U.S.C. 1397l(f)) is amended— 7 (1) in paragraph (2), by striking ‘‘and’’ after 8 the semicolon; 9 (2) in paragraph (3), by striking the period at 10 the end and inserting a semicolon; and 11 (3) by adding at the end the following: 12 ‘‘(4) for fiscal year 2021, $12,000,000; 13 ‘‘(5) for fiscal year 2022, $18,000,000; and 14 ‘‘(6) for each of fiscal years 2023 and 2024, 15 $24,000,000.’’. 16 (b) GRANTS FOR LONG-TERM CARE STAFFING AND 17 TECHNOLOGY.—Section 2041(d) of the Social Security 18 Act (42 U.S.C. 1397m(d)) is amended— 19 (1) in paragraph (2), by striking ‘‘and’’ after 20 the semicolon; 21 (2) in paragraph (3), by striking the period at 22 the end and inserting a semicolon; and 23 (3) by adding at the end the following: 24 ‘‘(4) for fiscal year 2021, $60,000,000; 25 ‘‘(5) for fiscal year 2022, $52,500,000; and 26 VerDate Sep 11 2014 23:53 Sep 10, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4555.IS S4555 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 4555 IS ‘‘(6) for each of fiscal years 2023 and 2024, 1 $45,000,000.’’. 2 (c) ADULT PROTECTIVE SERVICES FUNCTIONS AND 3 GRANT PROGRAMS.—Section 2042 of the Social Security 4 Act (42 U.S.C. 1397m–1) is amended— 5 (1) in subsection (a)(2), by striking 6 ‘‘$3,000,000’’ and all that follows through the pe- 7 riod and inserting ‘‘$12,000,000 for each of fiscal 8 years 2021 through 2024.’’; 9 (2) in subsection (b)(5), by striking 10 ‘‘$100,000,000’’ and all that follows through the pe- 11 riod and inserting ‘‘$300,000,000 for each of fiscal 12 years 2021 through 2024.’’; and 13 (3) in subsection (c)(6), by striking 14 ‘‘$25,000,000’’ and all that follows through the pe- 15 riod and inserting ‘‘$75,000,000 for each of fiscal 16 years 2021 through 2024.’’. 17 (d) LONG-TERM CARE OMBUDSMAN PROGRAM 18 GRANTS AND TRAINING.—Section 2043 of the Social Se- 19 curity Act (42 U.S.C. 1397m–2) is amended— 20 (1) in subsection (a)(2)— 21 (A) in subparagraph (B), by striking 22 ‘‘and’’ after the semicolon; 23 VerDate Sep 11 2014 23:53 Sep 10, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4555.IS S4555 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 4555 IS (B) in subparagraph (C), by striking the 1 period at the end and inserting a semicolon; 2 and 3 (C) by adding at the end the following: 4 ‘‘(D) for fiscal year 2021, $15,000,000; 5 ‘‘(E) for fiscal year 2022, $22,500,000; 6 and 7 ‘‘(F) for each of fiscal years 2023 and 8 2024, $30,000,000.’’; and 9 (2) in subsection (b)(2), by inserting before the 10 period the following: ‘‘, and for each of fiscal years 11 2021 through 2024, $30,000,000’’. 12 (e) INVESTIGATION SYSTEMS AND TRAINING.—Sec- 13 tion 6703(b) of the Patient Protection and Affordable 14 Care Act (42 U.S.C. 1395i–3a(b)) is amended— 15 (1) in paragraph (1)(C), by striking ‘‘for the 16 period’’ and all that follows through the period and 17 inserting ‘‘for each of fiscal years 2021 through 18 2024, $36,000,000.’’; and 19 (2) in paragraph (2)(C), by striking ‘‘for each 20 of fiscal years 2011 through 2014, $5,000,000’’ and 21 inserting ‘‘for each of fiscal years 2021 through 22 2024, $15,000,000’’. 23 VerDate Sep 11 2014 23:53 Sep 10, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4555.IS S4555 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 4555 IS (f) TECHNICAL AMENDMENT.—Section 2011(12)(A) 1 of the Social Security Act (42 U.S.C. 1397j(12)(A)) is 2 amended by striking ‘‘450b’’ and inserting ‘‘5304’’. 3 SEC. 3. INCREASED FUNDING FOR STATES AND INDIAN 4 TRIBES FOR ADULT PROTECTIVE SERVICES. 5 (a) INCREASE IN FUNDING FOR SOCIAL SERVICES 6 BLOCK GRANT PROGRAM.— 7 (1) IN GENERAL.—The amount specified in 8 subsection (c) of section 2003 of the Social Security 9 Act for purposes of subsections (a) and (b) of such 10 section is deemed to be $1,900,000,000 for fiscal 11 year 2020, of which $200,000,000 shall be obligated 12 by States during calendar year 2020 in accordance 13 with subsection (b) of this section. 14 (2) APPROPRIATION.—Out of any money in the 15 Treasury of the United States not otherwise appro- 16 priated, there are appropriated $200,000,000 to 17 make grants to States under this subsection. 18 (3) DEADLINE FOR DISTRIBUTION OF 19 FUNDS.—Within 45 days after the date of the enact- 20 ment of this Act, the Secretary of Health and 21 Human Services shall distribute the funds made 22 available by this subsection, which shall be made 23 available to States (as defined for purposes of title 24 XX of the Social Security Act in section 1101 of 25 VerDate Sep 11 2014 23:53 Sep 10, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4555.IS S4555 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 4555 IS such Act (42 U.S.C. 1301)) on an emergency basis 1 for immediate obligation and expenditure. 2 (4) SUBMISSION OF REVISED PRE-EXPENDI- 3 TURE REPORT.—Within 90 days after a State re- 4 ceives funds made available by this subsection, the 5 State shall submit to the Secretary of Health and 6 Human Services a revised pre-expenditure report 7 pursuant to subtitle A of title XX of the Social Se- 8 curity Act (42 U.S.C. 1397 et seq.) that describes 9 how the State plans to administer the funds. 10 (5) OBLIGATION OF FUNDS BY STATES.—A 11 State to which funds made available by this sub- 12 section are distributed shall obligate such funds be- 13 fore the date that is 120 days after the State re- 14 ceives such funds. 15 (6) EXPENDITURE OF FUNDS BY STATES.—A 16 grantee to which a State (or a subgrantee to which 17 a grantee) provides funds made available by this 18 subsection shall expend the funds not later than De- 19 cember 31, 2021. 20 (b) RULES GOVERNING USE OF ADDITIONAL 21 FUNDS.—Funds are used in accordance with this sub- 22 section if— 23 VerDate Sep 11 2014 23:53 Sep 10, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4555.IS S4555 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 4555 IS (1) the funds are used for adult protective serv- 1 ices (as defined in section 2011(2) of the Social Se- 2 curity Act (42 U.S.C. 1397j(2))); 3 (2) the funds are used subject to the limitations 4 in section 2005 of the Social Security Act (42 5 U.S.C. 1397d); and 6 (3) the funds are used to supplement, not sup- 7 plant, State general revenue funds for adult protec- 8 tive services. 9 (c) FUNDING FOR INDIAN TRIBES AND TRIBAL OR- 10 GANIZATIONS.— 11 (1) GRANTS.— 12 (A) IN GENERAL.—Within 90 days after 13 the date of the enactment of this Act, the Sec- 14 retary of Health and Human Services shall 15 make grants to Indian Tribes and Tribal orga- 16 nizations (as defined in section 677(e)(1) of the 17 Community Services Block Grant Act (42 18 U.S.C. 9911(e)(1))). 19 (B) AMOUNT OF GRANT.—The amount of 20 the grant for an Indian Tribe or Tribal organi- 21 zation shall bear the same ratio to the amount 22 appropriated by paragraph (3) as the total 23 amount of grants awarded to the Indian Tribe 24 or Tribal organization under the Low-Income 25 VerDate Sep 11 2014 23:53 Sep 10, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4555.IS S4555 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 4555 IS Home Energy Assistance Act of 1981 and the 1 Community Service Block Grant for fiscal year 2 2020 bears to the total amount of grants 3 awarded to all Indian Tribes and Tribal organi- 4 zations under such Act and such Grant for the 5 fiscal year. 6 (2) RULES GOVERNING USE OF FUNDS.—An 7 entity to which a grant is made under paragraph (1) 8 shall obligate the funds not later than September 9 30, 2021, and the funds shall be expended by grant- 10 ees and subgrantees not later than December 31, 11 2021, and used in accordance with subsection (b) of 12 this section (except that paragraph (3) of such sub- 13 section shall be applied by substituting ‘‘general rev- 14 enue funds of the Indian Tribe or Tribal organiza- 15 tion’’ for ‘‘State general revenue funds’’). 16 (3) REPORTS.— 17 (A) SUBMISSION OF PRE-EXPENDITURE 18 REPORT AND INTENDED USE PLAN.—Not later 19 than 90 days after an Indian Tribe or Tribal 20 organization receives funds made available by 21 this subsection, the Indian Tribe or Tribal or- 22 ganization shall submit to the Secretary of 23 Health and Human Services a report on the in- 24 tended use of such funds including information 25 VerDate Sep 11 2014 23:53 Sep 10, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4555.IS S4555 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 4555 IS on the types of activities to be supported and 1 the categories or characteristics of individuals 2 to be served. The report shall be subsequently 3 revised as may be necessary to reflect substan- 4 tial changes in the activities to be supported or 5 the categories or characteristics of individuals 6 to be served. 7 (B) POST-EXPENDITURE REPORT.—Not 8 later than January 1, 2022, each Indian Tribe 9 or Tribal organization that receives funds made 10 available under this section shall submit to the 11 Secretary of Health and Human Services a re- 12 port on the activities supported by such funds. 13 Such report shall be in such form and contain 14 such information (including the information de- 15 scribed in section 2006(c) of the Social Security 16 Act (42 U.S.C. 1397e(c))) as the Tribe or orga- 17 nization finds necessary to provide an accurate 18 description of such activities, to secure a com- 19 plete record of the purposes for which funds 20 were spent, and to determine the extent to 21 which funds were spent in a manner consistent 22 with the report required by subparagraph (A). 23 (4) APPROPRIATION.—Out of any money in the 24 Treasury of the United States not otherwise appro- 25 VerDate Sep 11 2014 23:53 Sep 10, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4555.IS S4555 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 4555 IS priated, there are appropriated $10,000,000 for 1 making grants to Indian Tribes and Tribal organiza- 2 tions under this subsection. 3 SEC. 4. ASSESSMENT REPORTS. 4 (a) IN GENERAL.—Not later than 2 years after the 5 date of enactment of this Act, and not less frequently than 6 once every 2 years thereafter, the Secretary of Health and 7 Human Services shall submit a report to the Committee 8 on Ways and Means of the House of Representatives and 9 the Committee on Finance of the Senate on the programs, 10 coordinating bodies, registries, and activities established 11 or authorized under subtitle B of title XX of the Social 12 Security Act (42 U.S.C. 1397l et seq.) or section 6703(b) 13 of the Patient Protection and Affordable Care Act (42 14 U.S.C. 1395i–3a(b)). Each such report shall assess the ex- 15 tent to which such programs, coordinating bodies, reg- 16 istries, and activities have improved access to, and the 17 quality of, resources available to aging Americans and 18 their caregivers to ultimately prevent, detect, and treat 19 abuse, neglect, and exploitation, and shall include, as ap- 20 propriate, recommendations to Congress on funding levels 21 and policy changes to help these programs, coordinating 22 bodies, registries, and activities better prevent, detect, and 23 treat abuse, neglect, and exploitation of aging Americans. 24 VerDate Sep 11 2014 23:53 Sep 10, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4555.IS S4555 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 4555 IS (b) AUTHORIZATION.—For each of fiscal years 2021 1 through 2024, out of any money in the Treasury of the 2 United States not otherwise appropriated, there are au- 3 thorized to be appropriated to the Secretary of Health and 4 Human Services $5,000,000 to carry out this section. 5 Æ VerDate Sep 11 2014 23:53 Sep 10, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\S4555.IS S4555 pamtmann on DSKBC07HB2PROD with BILLS