[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3294 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 3294
To dedicate funds from the Crime Victims Fund to victims of elder
abuse, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 14, 2012
Mr. Brown of Massachusetts introduced the following bill; which was
read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To dedicate funds from the Crime Victims Fund to victims of 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 ``Stop Abuse, Violence, and
Exploitation of Elders Act of 2012'' or the ``SAVE Elders Act of
2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The population of individuals age 65 or older in the
United States is growing and is estimated to reach \1/5\ of the
total population of the United States by the year 2030.
(2) According to a 2011 report by the Government
Accountability Office, during a recent year, 1 out of every 7
older individuals living in a home or community-based setting
experienced some form of elder abuse.
(3) According to a report by the Bureau of Justice
Statistics, ``Criminal Victimization in the United States,
2008'', 54 percent of crimes involving victims age 65 or older
are unreported.
(4) The Crime Victims Fund, which was established to
support victims of crime--
(A) is funded by the proceeds of forfeited bonds,
criminal penalty assessments, and fines collected from
persons convicted of offenses against the United
States; and
(B) does not receive funds from taxpayers in the
United States.
(5) No amounts are specifically allocated from the Crime
Victims Fund to individuals age 65 or older who experience
victimization in the form of abuse, neglect, or exploitation.
(6) The Government Accountability Office estimates that
elder abuse investigations by Adult Protect Services in 33
States may increase by 28 percent by the year 2020.
(7) The Federal Government and State governments use
varying definitions of the term ``elder abuse''. The definition
of ``elder abuse'' used by a State government is recognized as
the primary definition to ensure consistent administration of
existing and future elder abuse programs by the State.
SEC. 3. AMENDMENTS TO THE VICTIMS OF CRIME ACT OF 1984.
(a) Crime Victims Fund.--
(1) In general.--Section 1402(d) of the Victims of Crime
Act of 1984 (42 U.S.C. 10601(d)) is amended--
(A) by redesignating paragraph (2) as paragraph
(1); and
(B) by inserting after paragraph (1), as so
redesignated, the following:
``(2)(A) Subject to subparagraph (C), for each fiscal year
in which the obligation limitation is greater than the
obligation limitation for fiscal year 2012, the first
$20,000,000 made available for obligation in the fiscal year
after the amount equal to the obligation limitation for fiscal
year 2012 is made available shall be available for grants under
section 1404F.
``(B)(i) Subject to subparagraph (C), in any fiscal year in
which an amount less than $20,000,000, or no amount, is made
available under subparagraph (A) for grants under section
1404F, and the amount available in the Fund is greater than the
obligation limitation for the fiscal year, the amount described
in clause (ii) shall be deposited into an elder abuse reserve
fund and shall be available to make grants under section 1404F.
``(ii) The amount described in this clause is an amount
that is the lesser of--
``(I) the difference between--
``(aa) $20,000,000; and
``(bb) the amount made available under
subparagraph (A) for grants under section 1404F
in the fiscal year; and
``(II) the limitation surplus for the fiscal year.
``(iii) The Director may carry over amounts in the elder
abuse reserve fund established under clause (i) from fiscal
year to fiscal year.
``(iv) Amounts in the elder abuse reserve fund established
under clause (i) shall not be subject to the obligation
limitation.
``(C) The sum of the amounts made available under
subparagraphs (A) and (B) for grants under section 1404F in a
fiscal year shall be not more than $20,000,000.
``(D) For purposes of this paragraph--
``(i) the term `obligation limitation' means the
amount in the Fund that is made available for
obligation in a fiscal year under the applicable
appropriations act; and
``(ii) the term `limitation surplus' means, with
respect to a fiscal year, the amount that is equal to
the difference between--
``(I) the amount available in the Fund; and
``(II) the obligation limitation for the
fiscal year.''.
(2) Technical and conforming amendments.--The Victims of
Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended--
(A) in section 1402--
(i) in subsection (d)--
(I) in paragraph (3), by striking
``paragraph (2)'' and inserting
``paragraphs (1) and (2)''; and
(II) in paragraph (5)(A)--
(aa) in the first sentence,
by inserting ``(1),'' before
``(2)''; and
(bb) in the second
sentence, by inserting ``(1),''
before ``(2)''; and
(ii) in subsection (g)--
(I) in paragraph (1), in the matter
preceding subparagraph (A), by striking
``(d)(2)'' and inserting ``(d)(1)'';
and
(II) in paragraph (2), by striking
``(d)(2)'' and inserting ``(d)(1)'';
(B) in section 1404(a)(1), by striking
``1402(d)(2)'' and inserting ``1402(d)(4)''; and
(C) in section 1404A, in the first sentence, by
striking ``1402(d)(2)'' and inserting ``1402(d)(1)''.
(3) Sense of congress.--It is the sense of Congress that--
(A) in establishing the maximum amount available
for obligation during a fiscal year in the Fund
established under section 1402 of the Victims of Crime
Act of 1984 (42 U.S.C. 10601), the maximum should be
increased by the amount described in such section
1402(d)(2)(A), as amended by paragraph (1), as compared
to the maximum amount that would otherwise be
established; or
(B) the amount described in paragraph (2)(B) of
section 1402(d) of the Victims of Crime Act of 1984 (42
U.S.C. 10601(d)), as added by paragraph (1), should be
made available on an annual basis to be used for
compensation and assistance to victims of elder abuse.
(b) Compensation and Assistance to Victims of Elder Abuse.--The
Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by
inserting after section 1404E (42 U.S.C. 10603e) the following:
``SEC. 1404F. COMPENSATION AND ASSISTANCE TO VICTIMS OF ELDER ABUSE.
``(a) Definitions.--In this section--
``(1) the term `elder abuse'--
``(A) means the abuse, exploitation, or neglect, as
those terms are defined in section 2011 of the Social
Security Act (42 U.S.C. 1397j), of an individual who
is--
``(i) age 65 or older; and
``(ii) lawfully present in the United
States; and
``(B) with respect to a State that receives a grant
under this section, includes any other conduct not
described in subparagraph (A) that is defined as elder
abuse under the laws of the State; and
``(2) the term `State' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, the United States Virgin Islands,
American Samoa, and the Northern Mariana Islands.
``(b) Grants Authorized.--
``(1) In general.--Subject to paragraph (2), the Director
shall use the amounts made available under section 1402(d)(2)
to make grants to States to support--
``(A) eligible crime victim assistance programs, as
defined in section 1404(b)(1), that provide assistance
to victims of elder abuse; and
``(B) programs that improve the investigation,
handling (as defined under the laws of a State), and
prosecution of cases of elder abuse.
``(2) State apportionments.--
``(A) Base amounts.--Of the amounts allocated for
grants to States under paragraph (1), the Director
shall apportion--
``(i) 0.5 percent to--
``(I) each of the several States of
the United States;
``(II) the District of Columbia;
and
``(III) the Commonwealth of Puerto
Rico;
``(ii) 0.25 percent to--
``(I) Guam; and
``(II) the United States Virgin
Islands; and
``(iii) 0.125 percent to--
``(I) American Samoa; and
``(II) the Northern Mariana
Islands.
``(B) Remaining amounts.--
``(i) In general.--Amounts remaining after
apportionment under subparagraph (A) of the
amounts allocated under paragraph (1) shall be
apportioned among the States according to a
formula established by the Director.
``(ii) Formula.--The formula described in
clause (i) shall be based on the following
factors:
``(I) The population of individuals
age 65 or older in a State in relation
to the population of individuals age 65
or older in all States.
``(II) The population of
individuals age 65 or older in a State
in relation to the population of the
State.
``(III) The overall rate of crime
in a State, as determined by the Bureau
of the Census.
``(3) Federal share.--The Federal share of the cost of a
program carried out by 1 of the several States, the District of
Columbia, or the Commonwealth of Puerto Rico using a grant
under this section may not exceed 80 percent.
``(c) Biennial Report.--The Attorney General, acting through the
Director, shall submit to Congress a biennial report on--
``(1) the use of funds made available under section
1402(d)(2) during each of the 2 preceding fiscal years; and
``(2) the administration of this section, including--
``(A) a complete and detailed analysis of--
``(i) the manner in which each State that
receives amounts under this section has
distributed the amounts; and
``(ii) significant problems, if any, in
carrying out this section; and
``(B) recommendations for legislation to remedy the
problems, if any, identified under subparagraph
(A)(ii).''.
SEC. 4. ENHANCED OVERSIGHT OF DEPARTMENT OF JUSTICE GRANTS.
(a) Investigations by Attorney General.--The Attorney General,
acting through the Inspector General of the Department of Justice,
shall periodically conduct investigations, audits, and reviews of all
grants awarded by the Department of Justice to ensure the purposes of
the grants are achieved in the most efficient manner possible.
(b) Assessment of Department of Justice Grant Program.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Attorney General shall submit to
Congress an assessment of each grant program of the Department
of Justice to determine the extent of overlap and duplication.
(2) Requirements.--The assessment required to be submitted
under paragraph (1) shall--
(A) include recommended actions to address
duplication, including recommendations for
consolidation of existing programs to mitigate the risk
of duplication and improve the efficiency of the grant
programs to benefit the taxpayer; and
(B) identify any amendments to statutory language
needed to implement the recommendations described in
subparagraph (A).
(3) Coordination of grant programs.--The Attorney General
shall direct any office or division of the Department of
Justice that carries out a grant program to coordinate with
other offices or divisions on a consistent basis to review
anticipated grant awards.
(4) Consolidation authority.--Notwithstanding any other
provision of law, the Attorney General shall have the authority
to consolidate grant solicitations submitted to the Department
of Justice and provide flexibility to State, local, and tribal
grantees to meet the criminal justice needs of the State,
local, or tribal grantee and the intent of the grant program.
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