[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3490 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3490

   To dedicate funds from the Crime Victims Fund to victims of elder 
                     abuse, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2012

 Mr. Brown of Massachusetts (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.

    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 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).''.
                                 <all>