S. 3490 (112th): SAVE Elders Act of 2012

112th Congress, 2011–2013. Text as of Aug 02, 2012 (Introduced).

Status & Summary | PDF | Source: GPO

II

112th CONGRESS

2d Session

S. 3490

IN THE SENATE OF THE UNITED STATES

August 2, 2012

(for himself and Mr. Lieberman) 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.

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.

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.

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:

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 one 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).

.