Elder Abuse Victims Act of 2009 - Title I: Elder Abuse Victims - (Sec. 101) Directs the Attorney General to: (1) study and report to Congress on state laws and practices relating to elder abuse, neglect, and exploitation; and (2) develop objectives, priorities, policies, and a long-term plan for elder justice programs and activities.
Directs the Comptroller General to review programs and initiatives in the federal criminal justice system relevant to elder justice and report to Congress on such programs and initiatives with recommendations to improve elder justice in the United States.
Authorizes appropriations for FY2009-FY2015.
(Sec. 102) Authorizes the Attorney General to award victim advocacy grants for study of the special needs of victims of elder abuse, neglect, and exploitation, including related pilot programs. Authorizes appropriations for FY2009-FY2015.
(Sec. 103) Directs the Attorney General to award grants to eligible entities to provide training, technical assistance, policy development, multidisciplinary coordination, and other types of support to local prosecutors and courts handling elder justice-related cases, funding in particular: (1) specially designated elder justice positions or units in local prosecutors' offices and local courts; and (2) the creation of a Center for the Prosecution of Elder Abuse, Neglect, and Exploitation to advise and support local prosecutors and courts nationwide in the pursuit of such cases.
Authorizes appropriations for FY2009-FY2015.
(Sec. 104) Directs the Attorney General to award similar grants to eligible entities to provide support to state prosecutors and courts, employees of state Attorneys General, and Medicaid Fraud Control Units handling elder justice-related matters.
Authorizes use of such grants to: (1) establish specially designated elder justice positions or units in state prosecutors' offices and state courts; and (2) create a position to coordinate elder justice-related cases, training, technical assistance, and policy development for state prosecutors and courts.
Authorizes appropriations for FY2009-FY2015.
(Sec. 105) Directs the Attorney General to award similar grants to eligible entities to provide support to police, sheriffs, detectives, public safety officers, corrections personnel, and other first responders who handle elder justice-related matters to fund specially designated elder justice positions or units designed to support first responders in elder justice matters.
Authorizes appropriations for FY2009-FY2015.
(Sec. 106) Directs the Attorney General to: (1) require each recipient to use a portion of grant funds to conduct a validated evaluation of the effectiveness of the activities carried out through the grant; or (2) use a portion of funds under this title to assist an eligible entity to conduct such an evaluation.
Prescribes general requirements for grant applications and their review and selection.
Authorizes appropriations for FY2009-FY2015.
(Sec. 107) Defines "eligible entity" as a state or local government agency, Indian tribe or tribal organization, or any other public or nonprofit private entity that is engaged in and has expertise in issues relating to elder justice or a field necessary to promote elder justice efforts.
Title II: Elder Serve Victim Grant Programs - (Sec. 201) Directs the Attorney General, acting through the Director of the Office of Victims of Crime of the Department of Justice (DOJ), to carry out a three-year Elder Serve Victim program to provide grants to eligible entities (crime victim assistance programs receiving grants under the Victims of Crime Act of 1984) to establish programs to facilitate and coordinate programs for victims of elder abuse.
Requires a recipient to use its grant to establish an Emergency Crisis Response Team program, which shall: (1) include immediate, short-term emergency services, including shelter, care services, food, clothing, transportation to medical or legal appointments; and (2) provide other appropriate services to victims of elder abuse.
Limits short-term housing for such victims to 30 days.
Requires a grant recipient also to establish counseling, mental health screening, emergency legal advocacy, job placement assistance, bereavement counseling, and other appropriate service programs.
Authorizes appropriations for FY2009-FY2011.
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 448 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 448
To protect seniors in the United States from elder abuse by
establishing specialized elder abuse prosecution and research programs
and activities to aid victims of elder abuse, to provide training to
prosecutors and other law enforcement related to elder abuse prevention
and protection, to establish programs that provide for emergency crisis
response teams to combat elder abuse, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2009
Mr. Sestak (for himself, Mr. Conyers, Mr. Scott of Virginia, and Mr.
King of New York) introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To protect seniors in the United States from elder abuse by
establishing specialized elder abuse prosecution and research programs
and activities to aid victims of elder abuse, to provide training to
prosecutors and other law enforcement related to elder abuse prevention
and protection, to establish programs that provide for emergency crisis
response teams to combat elder abuse, 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 Abuse Victims Act of 2009''.
TITLE I--ELDER ABUSE VICTIMS
SEC. 101. ANALYSIS, REPORT, AND RECOMMENDATIONS RELATED TO ELDER
JUSTICE PROGRAMS.
(a) In General.--Subject to the availability of appropriations to
carry out this section, the Attorney General, in consultation with the
Secretary of Health and Human Services, shall carry out the following:
(1) Study.--Conduct a study of laws and practices relating
to elder abuse, neglect, and exploitation, which shall
include--
(A) a comprehensive description of State laws and
practices relating to elder abuse, neglect, and
exploitation;
(B) a comprehensive analysis of the effectiveness
of such State laws and practices; and
(C) an examination of State laws and practices
relating to specific elder abuse, neglect, and
exploitation issues, including--
(i) the definition of--
(I) ``elder'';
(II) ``abuse'';
(III) ``neglect'';
(IV) ``exploitation''; and
(V) such related terms the Attorney
General determines to be appropriate;
(ii) mandatory reporting laws, with respect
to--
(I) who is a mandated reporter;
(II) to whom must they report and
within what time frame; and
(III) any consequences for not
reporting;
(iii) evidentiary, procedural, sentencing,
choice of remedies, and data retention issues
relating to pursuing cases relating to elder
abuse, neglect, and exploitation;
(iv) laws requiring reporting of all
nursing home deaths to the county coroner or to
some other individual or entity;
(v) fiduciary laws, including guardianship
and power of attorney laws;
(vi) laws that permit or encourage banks
and bank employees to prevent and report
suspected elder abuse, neglect, and
exploitation;
(vii) laws relating to fraud and related
activities in connection with mail,
telemarketing, or the Internet;
(viii) laws that may impede research on
elder abuse, neglect, and exploitation;
(ix) practices relating to the enforcement
of laws relating to elder abuse, neglect, and
exploitation; and
(x) practices relating to other aspects of
elder justice.
(2) Development of plan.--Develop objectives, priorities,
policies, and a long-term plan for elder justice programs and
activities relating to--
(A) prevention and detection of elder abuse,
neglect, and exploitation;
(B) intervention and treatment for victims of elder
abuse, neglect, and exploitation;
(C) training, evaluation, and research related to
elder justice programs and activities; and
(D) improvement of the elder justice system in the
United States.
(3) Report.--Not later than 2 years after the date of
enactment of this Act, submit to the chairman and ranking
member of the Special Committee on Aging of the Senate, and the
Speaker and minority leader of the House of Representatives,
and the Secretary of Health and Human Services, and make
available to the States, a report that contains--
(A) the findings of the study conducted under
paragraph (1);
(B) a description of the objectives, priorities,
policies, and a long-term plan developed under
paragraph (2); and
(C) a list, description, and analysis of the best
practices used by States to develop, implement,
maintain, and improve elder justice systems, based on
such findings.
(b) GAO Recommendations.--Not later than one year after the date of
the enactment of this Act, the Comptroller General shall report to
Congress any recommendations with respect to any Federal legislation,
regulations, or programs determined by the Comptroller General to be
necessary to improve elder justice in the United States.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $6,000,000 for each of the
fiscal years 2009 through 2015.
SEC. 102. VICTIM ADVOCACY GRANTS.
(a) Grants Authorized.--The Attorney General, after consultation
with the Secretary of Health and Human Services, may award grants to
eligible entities to study the special needs of victims of elder abuse,
neglect, and exploitation.
(b) Authorized Activities.--Funds awarded pursuant to subsection
(a) shall be used for pilot programs that--
(1) develop programs for and provide training to health
care, social, and protective services providers, law
enforcement, fiduciaries (including guardians), judges and
court personnel, and victim advocates; and
(2) examine special approaches designed to meet the needs
of victims of elder abuse, neglect, and exploitation.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $3,000,000 for each of the
fiscal years 2009 through 2015.
SEC. 103. SUPPORTING LOCAL PROSECUTORS AND COURTS IN ELDER JUSTICE
MATTERS.
(a) Grants Authorized.--Subject to the availability of
appropriations under this section, the Attorney General, after
consultation with the Secretary of Health and Human Services, shall
award grants to eligible entities to provide training, technical
assistance, policy development, multidisciplinary coordination, and
other types of support to local prosecutors and courts handling elder
justice-related cases, including--
(1) funding specially designated elder justice positions or
units in local prosecutors' offices and local courts; and
(2) funding the creation of a Center for the Prosecution of
Elder Abuse, Neglect, and Exploitation to advise and support
local prosecutors and courts nationwide in the pursuit of cases
involving elder abuse, neglect, and exploitation.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $6,000,000 for each of the
fiscal years 2009 through 2015.
SEC. 104. SUPPORTING STATE PROSECUTORS AND COURTS IN ELDER JUSTICE
MATTERS.
(a) In General.--Subject to the availability of appropriations
under this section, the Attorney General, after consultation with the
Secretary of Health and Human Services, shall award grants to eligible
entities to provide training, technical assistance, multidisciplinary
coordination, policy development, and other types of support to State
prosecutors and courts, employees of State Attorneys General, and
Medicaid Fraud Control Units handling elder justice-related matters.
(b) Creating Specialized Positions.--Grants under this section may
be made for--
(1) the establishment of specially designated elder justice
positions or units in State prosecutors' offices and State
courts; and
(2) the creation of a position to coordinate elder justice-
related cases, training, technical assistance, and policy
development for State prosecutors and courts.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $6,000,000 for each of the
fiscal years 2009 through 2015.
SEC. 105. SUPPORTING LAW ENFORCEMENT IN ELDER JUSTICE MATTERS.
(a) In General.--Subject to the availability of appropriations
under this section, the Attorney General, after consultation with the
Secretary of Health and Human Services, the Postmaster General, and the
Chief Postal Inspector for the United States Postal Inspection Service,
shall award grants to eligible entities to provide training, technical
assistance, multidisciplinary coordination, policy development, and
other types of support to police, sheriffs, detectives, public safety
officers, corrections personnel, and other first responders who handle
elder justice-related matters, to fund specially designated elder
justice positions or units designed to support first responders in
elder justice matters.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $8,000,000 for each of the
fiscal years 2009 through 2015.
SEC. 106. EVALUATIONS.
(a) Grants Under This Title.--
(1) In general.--In carrying out the grant programs under
this title, the Attorney General shall--
(A) require each recipient of a grant to use a
portion of the funds made available through the grant
to conduct a validated evaluation of the effectiveness
of the activities carried out through the grant by such
recipient; or
(B) as the Attorney General considers appropriate,
use a portion of the funds available under this title
for a grant program under this title to provide
assistance to an eligible entity to conduct a validated
evaluation of the effectiveness of the activities
carried out through such grant program by each of the
grant recipients.
(2) Applications.--
(A) Submission.--To be eligible to receive a grant
under this title, an entity shall submit an application
to the Attorney General at such time, in such manner,
and containing such information as the Attorney General
may require, which shall include--
(i) a proposal for the evaluation required
in accordance with paragraph (1)(A); and
(ii) the amount of assistance under
paragraph (1)(B) the entity is requesting, if
any.
(B) Review and assistance.--
(i) In general.--An employee of the
Department of Justice, after consultation with
an employee of the Department of Health and
Human Services with expertise in evaluation
methodology, shall review each application
described in subparagraph (A) and determine
whether the methodology described in the
proposal under subparagraph (A)(i) is adequate
to gather meaningful information.
(ii) Denial.--If the reviewing employee
determines the methodology described in such
proposal is inadequate, the reviewing employee
shall recommend that the Attorney General deny
the application for the grant, or make
recommendations for how the application should
be amended.
(iii) Notice to applicant.--If the Attorney
General denies the application on the basis of
such proposal, the Attorney General shall
inform the applicant of the reasons the
application was denied, and offer assistance to
the applicant in modifying the proposal.
(b) Other Grants.--Subject to the availability of appropriations
under this section, the Attorney General shall award grants to
appropriate entities to conduct validated evaluations of grant
activities that are funded by Federal funds not provided under this
title, or other funds, to reduce elder abuse, neglect, and
exploitation.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $7,000,000 for each of the
fiscal years 2009 through 2015.
SEC. 107. DEFINITIONS.
In this title:
(1) Elder.--The term ``elder'' means an individual age 60
or older.
(2) Elder justice.--The term ``elder justice'' means--
(A) from a societal perspective, efforts to--
(i) prevent, detect, treat, intervene in,
and prosecute elder abuse, neglect, and
exploitation; and
(ii) protect elders with diminished
capacity while maximizing their autonomy; and
(B) from an individual perspective, the recognition
of an elder's rights, including the right to be free of
abuse, neglect, and exploitation.
(3) Eligible entities.--The term ``eligible entity'' means
a State or local government agency, Indian tribe or tribal
organization, or any other public or nonprofit private entity
that is engaged in and has expertise in issues relating to
elder justice or a field necessary to promote elder justice
efforts.
TITLE II--ELDER SERVE VICTIM GRANT PROGRAMS
SEC. 201. ESTABLISHMENT OF ELDER SERVE VICTIM GRANT PROGRAMS.
(a) Establishment.--The Attorney General, acting through the
Director of the Office of Victims of Crime of the Department of Justice
(in this section referred to as the ``Director''), shall, subject to
appropriations, carry out a three-year grant program to be known as the
Elder Serve Victim grant program (in this section referred to as the
``Program'') to provide grants to eligible entities to establish
programs to facilitate and coordinate programs described in subsection
(e) for victims of elder abuse.
(b) Eligibility Requirements for Grantees.--To be eligible to
receive a grant under the Program, an entity must meet the following
criteria:
(1) Eligible crime victim assistance program.--The entity
is a crime victim assistance program receiving a grant under
the Victims of Crime Act of 1984 (42 U.S.C. 1401 et seq.) for
the period described in subsection (c)(2) with respect to the
grant sought under this section.
(2) Coordination with local community based agencies and
services.--The entity shall demonstrate to the satisfaction of
the Director that such entity has a record of community
coordination or established contacts with other county and
local services that serve elderly individuals.
(3) Ability to create ecrt on timely basis.--The entity
shall demonstrate to the satisfaction of the Director the
ability of the entity to create, not later than 6 months after
receiving such grant, an Emergency Crisis Response Team program
described in subsection (e)(1) and the programs described in
subsection (e)(2).
For purposes of meeting the criteria described in paragraph (2), for
each year an entity receives a grant under this section the entity
shall provide a record of community coordination or established
contacts described in such paragraph through memoranda of
understanding, contracts, subcontracts, and other such documentation.
(c) Administrative Provisions.--
(1) Consultation.--Each program established pursuant to
this section shall be developed and carried out in consultation
with the following entities, as appropriate:
(A) Relevant Federal, State, and local public and
private agencies and entities, relating to elder abuse,
neglect, and exploitation and other crimes against
elderly individuals.
(B) Local law enforcement including police,
sheriffs, detectives, public safety officers,
corrections personnel, prosecutors, medical examiners,
investigators, and coroners.
(C) Long-term care and nursing facilities.
(2) Grant period.--Grants under the Program shall be issued
for a three-year period.
(3) Locations.--The Program shall be carried out in six
geographically and demographically diverse locations, taking
into account--
(A) the number of elderly individuals residing in
or near an area; and
(B) the difficulty of access to immediate short-
term housing and health services for victims of elder
abuse.
(d) Personnel.--In providing care and services, each program
established pursuant to this section may employ a staff to assist in
creating an Emergency Crisis Response Teams under subsection (e)(1).
(e) Use of Grants.--
(1) Emergency crisis response team.--Each entity that
receives a grant under this section shall use such grant to
establish an Emergency Crisis Response Team program by not
later than the date that is six months after the entity
receives the grant. Under such program the following shall
apply:
(A) Such program shall include immediate, short-
term emergency services, including shelter, care
services, food, clothing, transportation to medical or
legal appointment as appropriate, and any other life
services deemed necessary by the entity for victims of
elder abuse.
(B) Such program shall provide services to victims
of elder abuse, including those who have been referred
to the program through the adult protective services
agency of the local law enforcement or any other
relevant law enforcement or referral agency.
(C) A victim of elder abuse may not receive short-
term housing under the program for more than 30
consecutive days.
(D) The entity that established the program shall
enter into arrangements with the relevant local law
enforcement agencies so that the program receives
quarterly reports from such agencies on elder abuse.
(2) Additional services required to be provided.--Not later
than one year after the date an entity receives a grant under
this section, such entity shall have established the following
programs (and community collaborations to support such
programs):
(A) Counseling.--A program that provides counseling
and assistance for victims of elder abuse accessing
health care, educational, pension, or other benefits
for which seniors may be eligible under Federal or
applicable State law.
(B) Mental health screening.--A program that
provides mental health screenings for victims of elder
abuse to identify and seek assistance for potential
mental health disorders such as depression or substance
abuse.
(C) Emergency legal advocacy.--A program that
provides legal advocacy for victims of elder abuse and,
as appropriate, their families.
(D) Job placement assistance.--A program that
provides job placement assistance and information on
employment, training, or volunteer opportunities for
victims of elder abuse.
(E) Bereavement counseling.--A program that
provides bereavement counseling for families of victims
of elder abuse.
(F) Other services.--A program that provides such
other care, services, and assistance as the entity
considers appropriate for purposes of the program.
(f) Technical Assistance.--The Director shall enter into contracts
with private entities with experience in elder abuse coordination or
victim services to provide such technical assistance to grantees under
this section as the entity determines appropriate.
(g) Reports to Congress.--Not later than 12 months after the
commencement of the Program, and annually thereafter, the entity shall
submit a report to the Chairman and Ranking Member of the Committee on
the Judiciary of the House of Representatives, and the Chairman and
Ranking Member of the Special Committee on Aging of the Senate. Each
report shall include the following:
(1) A description and assessment of the implementation of
the Program.
(2) An assessment of the effectiveness of the Program in
providing care and services to seniors, including a comparative
assessment of effectiveness for each of the locations
designated under subsection (c)(3) for the Program.
(3) An assessment of the effectiveness of the coordination
for programs described in subsection (e) in contributing toward
the effectiveness of the Program.
(4) Such recommendations as the entity considers
appropriate for modifications of the Program in order to better
provide care and services to seniors.
(h) Definitions.--For purposes of this section:
(1) Elder abuse.--The term ``elder abuse'' means any type
of violence or abuse, whether mental or physical, inflicted
upon an elderly individual, and any type of criminal financial
exploitation of an elderly individual.
(2) Elderly individual.--The term ``elderly individual''
means an individual who is age 60 or older.
(i) Authorization of Appropriations.--There is authorized to be
appropriated for the Department of Justice to carry out this section
$3,000,000 for each of the fiscal years 2009 through 2011.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Mr. Johnson (GA) moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H1120-1123)
DEBATE - The House proceeded with forty minutes of debate on H.R. 448.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H1197)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 397 - 25 (Roll no. 62).(text: CR 2/10/2009 H1120-1122)
Roll Call #62 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 397 - 25 (Roll no. 62). (text: CR 2/10/2009 H1120-1122)
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Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.