[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5694 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5694

  To direct the Attorney General to establish guidelines for a model 
 elder abuse registry and to provide grants to States for establishing 
         and operating such a registry, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 8, 2016

 Ms. Graham (for herself, Mr. King of New York, and Ms. Ros-Lehtinen) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To direct the Attorney General to establish guidelines for a model 
 elder abuse registry and to provide grants to States for establishing 
         and operating such a registry, 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 ``Senior Citizen Protection Act of 
2016''.

SEC. 2. MODEL ELDER ABUSE REGISTRY.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Attorney General shall establish guidelines 
for States to design and implement elder abuse registries.
    (b) Contents.--The guidelines established under subsection (a) 
shall be designed to provide guidance to States to do the following:
            (1) Identify which types of individuals to place on an 
        elder abuse registry, including--
                    (A) individuals convicted of a crime involving 
                elder abuse; and
                    (B) individuals found by a State agency to have 
                committed elder abuse.
            (2) Provide, for each individual placed on the registry, 
        the information to be included for such individual in the elder 
        abuse registry, including--
                    (A) the circumstances surrounding the elder abuse;
                    (B) the type of abuse committed; and
                    (C) the relationship of the individual to the 
                victim.
            (3) Prior to placement on the registry, notify each 
        individual to be placed on the registry of such individual's 
        placement on the registry.
            (4) Provide, for each individual to be placed on the 
        registry, the opportunity to appeal placement on the registry 
        within a reasonable period of time before such individual's 
        placement on the registry.
            (5) Provide the duration of placement on the registry.
            (6) Provide for the removal of individuals who should no 
        longer be placed on the registry.
            (7) Make elder abuse registries readily accessible to the 
        public, including by--
                    (A) posting the information contained in the 
                registry onto the Internet; and
                    (B) making the registry readily searchable.
    (c) Consultation.--In developing such guidelines under subsection 
(a), the Attorney General shall consult with the Secretary of Health 
and Human Services and the appropriate public and private entities.

SEC. 3. GRANTS.

    (a) In General.--The Attorney General may make grants to States for 
establishing and operating elder abuse registries.
    (b) Application.--A State may apply for a grant under this section 
at such time and in such form as the Attorney General may require.
    (c) Use of Funds.--The recipient of a grant under this section 
shall use the funds to--
            (1) establish an elder abuse registry that substantially 
        conforms to the guidelines established pursuant to section 2; 
        and
            (2) enact legislation requiring entities that provide 
        health care services or long-term care to elders in the State 
        to check the State elder abuse registry before hiring 
        individuals for such services to ensure that such individuals 
        have not been found by a State agency to have committed elder 
        abuse.

SEC. 4. NATIONAL ELDER ABUSE REGISTRY.

    Beginning, not less than two years after the date of the enactment 
of this Act, the Attorney General shall establish and maintain a 
national database of content from State elder abuse registries that 
substantially conforms to the guidelines established pursuant to 
section 2.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) The term ``abuse'' means the knowing infliction of 
        physical or psychological harm or the knowing deprivation of 
        goods or services that are necessary to meet essential needs or 
        to avoid physical or psychological harm.
            (2) The term ``caregiver'' means an individual who has the 
        responsibility for the care of an elder, either voluntarily, by 
        contract, by receipt of payment for care, or as a result of the 
        operation of law, and means a family member or other individual 
        who provides (on behalf of such individual or of a public or 
        private agency, organization, or institution) compensated or 
        uncompensated care to an elder who needs supportive services in 
        any setting.
            (3) The term ``elder'' means an individual age 60 or older.
            (4) The term ``elder abuse'' means the abuse, neglect, 
        mistreatment, or exploitation of an elder.
            (5) The term ``exploitation'' means the fraudulent or 
        otherwise illegal, unauthorized, or improper act or process of 
        an individual, including a caregiver or fiduciary, that uses 
        the resources of an elder for monetary or personal benefit, 
        profit, or gain, or that results in depriving an elder of 
        rightful access to, or use of, benefits, resources, belongings, 
        or assets.
            (6) The term ``fiduciary''--
                    (A) means a person or entity with the legal 
                responsibility--
                            (i) to make decisions on behalf of and for 
                        the benefit of another person; and
                            (ii) to act in good faith and with 
                        fairness; and
                    (B) includes a trustee, a guardian, a conservator, 
                an executor, an agent under a financial power of 
                attorney or health care power of attorney, or a 
                representative payee.
            (7) The term ``neglect'' means the knowing failure of a 
        caregiver or fiduciary to provide the goods or services that 
        are necessary to maintain the health or safety of an elder.
            (8) The term ``mistreatment'' means the inappropriate use 
        of medications, isolation, or physical or chemical restraints.
            (9) The term ``State'' means any of the 50 States, or the 
        District of Columbia.
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