[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8079 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 8079
To reauthorize funding for programs to prevent, investigate, and
prosecute elder abuse, neglect, and exploitation, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 21, 2020
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, the Judiciary, and Education
and Labor, 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 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 for fiscal year 2020 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) 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 pre-expenditure 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 Indian
Tribe or Tribal organization shall subsequently revise
the pre-expenditure report as 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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