II 112th CONGRESS 1st Session S. 464 IN THE SENATE OF THE UNITED STATES March 2, 2011 Mr. Kohl (for himself, Mr. Casey, Mr. Blumenthal, and Mr. Brown of Ohio) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish a grant program to enhance training and services to prevent abuse in later life.

1.

Short title

This Act may be cited as the End Abuse in Later Life Act of 2011.

2.

Enhanced training and services to end abuse in later life

(a)

In general

Subtitle H of the Violence Against Women Act of 1994 (42 U.S.C. 14041 et seq.) is amended to read as follows: H

Enhanced training and services to end abuse later in life

40801.

Enhanced training and services to end abuse in later life

(a)

Purposes

The purposes of this section are to— (1)provide training, consultation, and information on abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect; (2)create or enhance direct services to victims of abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect; and (3)create or support coordinated community response to abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect. (b)

Definitions

In this section— (1)the term exploitation has the meaning given the term in the section 2011 of the Social Security Act (42 U.S.C. 1397j); (2)the term later life, relating to an individual, means the individual is 50 years of age or older; and (3)the term neglect means the failure of a caregiver or fiduciary to provide the goods or services that are necessary to maintain the health or safety of an individual in later life. (c)

Grant Program

(1)

Grants authorized

The Attorney General, through the Director of the Office on Violence Against Women, may make grants to eligible entities to carry out the activities described in paragraph (2). (2)

Mandatory and permissible activities

(A)

Mandatory activities

An eligible entity receiving a grant under this section shall use the funds received under the grant to— (i)provide training programs to assist law enforcement agencies, prosecutors, agencies of States or units of local government, population-specific organizations, victims service providers, victim advocates, and relevant officers in Federal, Tribal, State, Territorial, and local courts in recognizing and addressing instances of abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect; (ii)provide or enhance services for victims of abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect; (iii)establish or support multidisciplinary collaborative community responses to victims of abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect; and (iv)conduct cross-training for law enforcement agencies, prosecutors, agencies of States or units of local government, attorneys, health care providers, population-specific organizations, faith-based advocates, victims service providers, and courts to better serve victims of abuse in later life, domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect. (B)

Permissible activities

An eligible entity receiving a grant under this section may use the funds received under the grant to— (i)provide training programs to assist attorneys, health care providers, faith-based leaders, or other community-based organizations in recognizing and addressing instances of abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect; and (ii)conducting outreach activities and public awareness campaigns to ensure that victims of abuse in later life (including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect) receive appropriate assistance. (C)

Limitation

An eligible entity receiving a grant under this section may use not more than 10 percent of the total funds received under the grant for an activity described in subparagraph (B)(ii). (3)

Eligible entities

An entity shall be eligible to receive a grant under this section if— (A)the entity is— (i)a State; (ii)a unit of local government; (iii)an Indian Tribal government or Tribal organization; (iv)a population-specific organization with demonstrated experience in assisting individuals over 50 years of age; (v)a victim service provider with demonstrated experience in addressing domestic violence, dating violence, sexual assault, and stalking; or (vi)a State, Tribal, or Territorial domestic violence or sexual assault coalition; and (B)the entity demonstrates that the entity is a part of a multidisciplinary partnership that includes, at a minimum— (i)a law enforcement agency; (ii)a prosecutor’s office; (iii)a victim service provider; and (iv)a nonprofit program or government agency with demonstrated experience in assisting individuals in later life. (4)

Underserved populations

In making grants under this section, the Attorney General shall give priority to proposals providing population-specific services to racial and ethnic minorities and other underserved populations. (5)

Authorization of appropriations

(A)

In general

There are authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2012 through 2016. (B)

Requirement

Amounts appropriated pursuant to subparagraph (A) shall remain available until expended and may only be used for the activities described in this subsection. (C)

Allocation of funds

(i)

Administrative costs

Of the amount appropriated pursuant to subparagraph (A) in each fiscal year, the Attorney General may use not more than 2.5 percent for administration and monitoring of grants made under this subsection. (ii)

Evaluation

Of the amount appropriated pursuant to subparagraph (A) in each fiscal year the Attorney General may use not more than 5 percent for contracts or cooperative agreements with entities with demonstrated expertise in program evaluation, to evaluate programs under this subsection. (d)

Research

(1)

In general

The Attorney General, in consultation with the Secretary of Health and Human Services, shall conduct research to promote understanding of, prevention of, and response to abuse in later life, including domestic violence, sexual abuse, dating violence, stalking, exploitation, and neglect. (2)

Authorization of appropriations

There are authorized to be appropriated to carry out paragraph (1) $3,000,000 for each of fiscal years 2012 through 2016.

. (b)

Definition

Section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)) is amended— (1)by striking paragraph (9); (2)by redesignating paragraphs (1) through (8) as paragraphs (2) through (9), respectively; and (3)by inserting before paragraph (2), as redesignated, the following: (1)

Abuse in later life

The term abuse in later life means any action against a person who is 50 years of age or older that constitutes the willful— (A)infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or mental anguish; or (B)deprivation by a person, including a caregiver, of goods or services with intent to cause physical harm, mental anguish, or mental illness. . (c)

Technical and conforming correction

The table of contents in section 2 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 1796) is amended in the table of contents by inserting after the item relating to section 40703 the following: Subtitle H—Enhanced training and services to end abuse later in life Sec. 40801. Enhance training and services to end abuse later in life. .