    [House Hearing, 110 Congress]
    [From the U.S. Government Publishing Office]

      ELDER JUSTICE ACT, THE ELDER ABUSE VICTIMS ACT OF 2008, THE SCHOOL
     SAFETY ENHANCEMENTS ACT OF 2007, AND THE A CHILD IS MISSING ALERT AND
                              RECOVERY CENTER ACT

    =======================================================================

                                    HEARING

                                   BEFORE THE

                       SUBCOMMITTEE ON CRIME, TERRORISM,
                             AND HOMELAND SECURITY

                                     OF THE

                           COMMITTEE ON THE JUDICIARY
                            HOUSE OF REPRESENTATIVES

                           ONE HUNDRED TENTH CONGRESS

                                 SECOND SESSION

                                       ON

                 H.R. 1783, H.R. 5352, H.R. 2352 and H.R. 5464

                                   __________

                                 APRIL 17, 2008

                                   __________

                               Serial No. 110-146

                                   __________

             Printed for the use of the Committee on the Judiciary

          Available via the World Wide Web: http://judiciary.house.gov

                                  ----------
                             U.S. GOVERNMENT PRINTING OFFICE

    41-797 PDF                       WASHINGTON : 2009

    For sale by the Superintendent of Documents, U.S. Government Printing
    Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800;
    DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC,
    Washington, DC 20402-0001

                           COMMITTEE ON THE JUDICIARY

                     JOHN CONYERS, Jr., Michigan, Chairman
    HOWARD L. BERMAN, California         LAMAR SMITH, Texas
    RICK BOUCHER, Virginia               F. JAMES SENSENBRENNER, Jr.,
    JERROLD NADLER, New York                 Wisconsin
    ROBERT C. ``BOBBY'' SCOTT, Virginia  HOWARD COBLE, North Carolina
    MELVIN L. WATT, North Carolina       ELTON GALLEGLY, California
    ZOE LOFGREN, California              BOB GOODLATTE, Virginia
    SHEILA JACKSON LEE, Texas            STEVE CHABOT, Ohio
    MAXINE WATERS, California            DANIEL E. LUNGREN, California
    WILLIAM D. DELAHUNT, Massachusetts   CHRIS CANNON, Utah
    ROBERT WEXLER, Florida               RIC KELLER, Florida
    LINDA T. SANCHEZ, California         DARRELL ISSA, California
    STEVE COHEN, Tennessee               MIKE PENCE, Indiana
    HANK JOHNSON, Georgia                J. RANDY FORBES, Virginia
    BETTY SUTTON, Ohio                   STEVE KING, Iowa
    LUIS V. GUTIERREZ, Illinois          TOM FEENEY, Florida
    BRAD SHERMAN, California             TRENT FRANKS, Arizona
    TAMMY BALDWIN, Wisconsin             LOUIE GOHMERT, Texas
    ANTHONY D. WEINER, New York          JIM JORDAN, Ohio
    ADAM B. SCHIFF, California
    ARTUR DAVIS, Alabama
    DEBBIE WASSERMAN SCHULTZ, Florida
    KEITH ELLISON, Minnesota

                Perry Apelbaum, Staff Director and Chief Counsel
          Sean McLaughlin, Minority Chief of Staff and General Counsel
                                     ------

            Subcommittee on Crime, Terrorism, and Homeland Security

                 ROBERT C. ``BOBBY'' SCOTT, Virginia, Chairman

    MAXINE WATERS, California            LOUIE GOHMERT, Texas
    WILLIAM D. DELAHUNT, Massachusetts   J. RANDY FORBES, Virginia
    JERROLD NADLER, New York             F. JAMES SENSENBRENNER, Jr.,
    HANK JOHNSON, Georgia                Wisconsin
    ANTHONY D. WEINER, New York          HOWARD COBLE, North Carolina
    SHEILA JACKSON LEE, Texas            STEVE CHABOT, Ohio
    ARTUR DAVIS, Alabama                 DANIEL E. LUNGREN, California
    TAMMY BALDWIN, Wisconsin
    BETTY SUTTON, Ohio

                          Bobby Vassar, Chief Counsel

                        Caroline Lynch, Minority Counsel

                                C O N T E N T S

                                  ----------

                                 APRIL 17, 2008

                                                                       Page

                               TEXT OF THE BILLS

    H.R. 1783, the ``Elder Justice Act''.............................     2
    H.R. 5352, the ``Elder Abuse Victims Act of 2008''...............    25
    H.R. 2352, the ``School Safety Enhancements Act of 2007''........    34
    H.R. 5464, the ``A Child Is Missing Alert and Recovery Center
      Act''..........................................................    36

                               OPENING STATEMENTS

    The Honorable Robert C. ``Bobby'' Scott, a Representative in
      Congress from the State of Virginia, and Chairman, Subcommittee
      on Crime, Terrorism, and Homeland Security.....................     1
    The Honorable Louie Gohmert, a Representative in Congress from
      the State of Texas, and Ranking Member, Subcommittee on Crime,
      Terrorism, and Homeland Security...............................    37
    The Honorable John Conyers, Jr., a Representative in Congress
      from the State of Michigan, and Chairman, Committee on the
      Judiciary......................................................    39
    The Honorable Hank Johnson, a Representative in Congress from the
      State of Georgia, and Member, Subcommittee on Crime, Terrorism,
      and Homeland Security..........................................    44
    The Honorable Tammy Baldwin, a Representative in Congress from
      the State of Wisconsin, and Member, Subcommittee on Crime,
      Terrorism, and Homeland Security...............................    44

                                   WITNESSES

    The Honorable Rahm Emanuel, a Representative in Congress from the
      State of Illinois
      Oral Testimony.................................................    46
      Prepared Statement.............................................    48
    The Honorable Joe Sestak, a Representative in Congress from the
      State of Pennsylvania
      Oral Testimony.................................................    50
      Prepared Statement.............................................    52
    The Honorable Steven R. Rothman, a Representative in Congress
      from the State of New Jersey
      Oral Testimony.................................................    53
      Prepared Statement.............................................    55
    The Honorable Ron Klein, a Representative in Congress from the
      State of Florida
      Oral Testimony.................................................    56
      Prepared Statement.............................................    58
    Mr. Robert Blancato, National Coordinator, Elder Justice
      Coalition, Washington, DC
      Oral Testimony.................................................    63
      Prepared Statement.............................................    65
    Ms. Sherry Friedlander-Olsen, Founder and CEO, A Child Is Missing
      Alert Program, Fort Lauderdale, FL
      Oral Testimony.................................................    80
      Prepared Statement.............................................    82
    Mr. Vernon M. Keenan, Director, Georgia Bureau of Investigation,
      Decatur, GA
      Oral Testimony.................................................    83
      Prepared Statement.............................................    85

              LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING

    Prepared Statement of the Honorable John Conyers, Jr., a
      Representative in Congress from the State of Michigan, and
      Chairman, Committee on the Judiciary...........................    40
    Prepared Statement of the Honorable Tammy Baldwin, a
      Representative in Congress from the State of Wisconsin, and
      Member, Subcommittee on Crime, Terrorism, and Homeland Security    44
    Prepared Statement of the Honorable Peter T. King, a
      Representative in Congress from the State of New York..........    47
    Prepared Statement of Joseph D. O'Connor, Chair, American Bar
      Association Commission on Law and Aging, the American Bar
      Association (ABA)..............................................    99

                                    APPENDIX

    Material Submitted for the Hearing Record........................   101

      ELDER JUSTICE ACT, THE ELDER ABUSE VICTIMS ACT OF 2008, THE SCHOOL
     SAFETY ENHANCEMENTS ACT OF 2007, AND THE A CHILD IS MISSING ALERT AND
                              RECOVERY CENTER ACT

                                  ----------

                            THURSDAY, APRIL 17, 2008

                  House of Representatives,
                  Subcommittee on Crime, Terrorism,
                                  and Homeland Security
                                    Committee on the Judiciary,
                                                        Washington, DC.

        The Subcommittee met, pursuant to call, at 10:05 a.m., in
    room 2141, Rayburn House Office Building, the Honorable Robert
    C. ``Bobby'' Scott (Chairman of the Subcommittee) presiding.
        Present: Representatives Conyers, Scott, Waters, Johnson,
    Jackson Lee, Baldwin, Gohmert, Coble, and Chabot.
        Staff present: Mario Dispenza, Fellow/ATF Detailee; Karen
    Wilkinson, Fellow/Federal Public Defender Office Detailee;
    Veronica Eligan, Majority Professional Staff Member; Caroline
    Lynch, Minority Counsel; and Kelsey Whitlock, Minority Staff
    Assistant.
        Mr. Scott. The Subcommittee will now come to order.
        I am pleased to welcome you to this hearing before the
    Subcommittee on Crime, Terrorism, and Homeland Security. Today,
    we will be considering four public safety bills pending before
    the House, H.R. 1783, the ``Elder Justice Act,'' H.R. 5352, the
    ``Elder Abuse Victims Act of 2008,'' H.R. 2352, the ``School
    Enhancements Act of 2007,'' and H.R. 5464, the ``A Child Is
    Missing Alert and Recovery Center Act.''
        H.R. 1783, the ``Elder Justice Act,'' is sponsored by the
    gentleman from Illinois, Mr. Emanuel. H.R. 5352, the ``Elder
    Abuse Victims Act of 2008'' is sponsored by the gentleman from
    Pennsylvania, Mr. Sestak. They form a comprehensive plan for
    preventing and combating elder abuse, neglect and exploitation.
        [The text of the bill, H.R. 1783, follows:]

    HR 1783 IH  ___________________________________________________

                                                                          I
    110th CONGRESS
        1st Session

                                    H. R. 1783

    To amend the Social Security Act to enhance the social security of the
        Nation by ensuring adequate public-private infrastructure and to
        resolve to prevent, detect, treat, intervene in, and prosecute
        elder abuse, neglect, and exploitation, and for other purposes.
                                   __________
                        IN THE HOUSE OF REPRESENTATIVES
                                 March 29, 2007
    Mr. Emanuel (for himself and Mr. King of New York) introduced the
        following bill; which was referred to the Committee on Ways and
        Means, and in addition to the Committees on the Judiciary, Energy
        and Commerce, and Education and Labor, for a period to be
        subsequently determined by the Speaker, in each case for
        consideration of such provisions as fall within the jurisdiction of
        the committee concerned
                                   __________

                                     A BILL

    To amend the Social Security Act to enhance the social security of the
        Nation by ensuring adequate public-private infrastructure and to
        resolve to prevent, detect, treat, intervene in, and prosecute
        elder abuse, neglect, and exploitation, 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; TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the ``Elder Justice
    Act''.
        (b) Table of Contents.--The table of contents of this Act is as
    follows:

        Sec. 1. Short title; table of contents.
        Sec. 2. Findings.
        Sec. 3. Purposes.

                TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES

        Sec. 101. Definitions.
        Sec. 102. Elder Justice.

              ``Part A--Block Grants to States for Social Services

                            ``Part B--Elder Justice

        ``Sec. 2011. Definitions.
        ``Sec. 2012. General provisions.

      ``Subpart 1--National Coordination of Elder Justice Activities and
                                    Research

     ``Chapter I--Elder Justice Coordinating Council and Advisory Board on
                     Elder Abuse, Neglect, and Exploitation

        ``Sec. 2021. Elder Justice Coordinating Council.
        ``Sec. 2022. Advisory Board on Elder Abuse, Neglect, and
    Exploitation.
        ``Sec. 2023. Research protections.
        ``Sec. 2024. Authorization of appropriations.

     ``Chapter II--Elder Abuse, Neglect, and Exploitation Forensic Centers

        ``Sec. 2031. Establishment and support of elder abuse, neglect, and
    Exploitation forensic Centers.

                 ``Subpart 2--Programs to Promote Elder Justice

        ``Sec. 2041. Enhancement of long-term care.
        ``Sec. 2042. Adult protective services functions and grant
    programs.
        ``Sec. 2043. Long-term care ombudsman program grants and training.
        ``Sec. 2044. Provision of information regarding, and evaluations
    of, elder justice programs.
        ``Sec. 2045. Report.
        ``Sec. 1150A. Reporting to law enforcement of crimes occurring in
    federally funded long-Term care facilities.
        ``Sec. 1150B. Ensuring safety of residents when federally funded
    Long-Term care facilities close.

                        TITLE II--DEPARTMENT OF JUSTICE

        Sec. 201. Model State laws and practices.
        Sec. 202. Elder justice plan and strategy.
        Sec. 203. Victim advocacy grants.
        Sec. 204. Supporting local prosecutors in elder justice matters.
        Sec. 205. Supporting State prosecutors in elder justice matters.
        Sec. 206. Increased support for Federal cases involving elder
    justice.
        Sec. 207. Supporting law enforcement in elder justice matters.
        Sec. 208. Evaluations.

                           TITLE III--TAX PROVISIONS

        Sec. 301. Long-Term care facility worker employment tax credit.

    SEC. 2. FINDINGS.

        Congress finds the following:
                (1) The proportion of the United States population age 60
            years or older will drastically increase in the next 30 years
            as more than 76,000,000 baby boomers approach retirement and
            old age.
                (2) Each year, anywhere between 500,000 and 5,000,000
            elders in the United States are abused, neglected, or
            exploited.
                (3) Elder abuse, neglect, and exploitation have no
            boundaries, and cross all racial, social class, gender, and
            geographic lines.
                (4) Victims of elder abuse, neglect, and exploitation are
            not only subject to injury from mistreatment and neglect, they
            are also 3.1 times more likely than elders who were not victims
            of elder abuse, neglect, and exploitation to die at an earlier
            age than expected.
                (5) There is a general dearth of data as to the nature and
            scope of elder abuse, neglect, and exploitation. In recognition
            of the need to improve data collection efforts with respect to
            elder abuse, neglect, and exploitation, Congress required the
            Secretary of Health and Human Services to conduct a study by
            the end of 2008 on establishing a uniform national database on
            elder abuse under section 405 of title IV of Division C of the
            Tax Relief and Health Care Act of 2006 (Public Law 109-432).
                (6) Despite the dearth of data in the field, experts agree
            that most cases of elder abuse, neglect, and exploitation are
            never reported and that abuse, neglect, and exploitation
            shorten a victim's life, often triggering a downward spiral of
            an otherwise productive, self-sufficient elder's life. Programs
            addressing other difficult issues such as domestic violence and
            child abuse and neglect have demonstrated the need for a
            multifaceted law, combining public health, social service, and
            law enforcement approaches.
                (7) For over 20 years, Congress has been presented with
            facts and testimony calling for a coordinated Federal effort to
            combat elder abuse, neglect, and exploitation.
                (8) The Federal Government has been slow to respond to the
            needs of victims of elder abuse, neglect, and exploitation or
            to undertake prevention efforts.
                (9) No Federal law has been enacted that adequately and
            comprehensively addresses the issues of elder abuse, neglect,
            and exploitation and there are very limited resources available
            to those in the field that directly deal with the issues.
                (10) Differences in State laws and practices in the areas
            of elder abuse, neglect, and exploitation lead to significant
            disparities in prevention, protective and social services,
            treatment systems, and law enforcement, and lead to other
            inequities.
                (11) The Federal Government has played an important role in
            promoting research, training, public safety, and data
            collection, and the identification, development, and
            dissemination of promising health care, social, and protective
            services, and law enforcement practices, relating to child
            abuse and neglect, domestic violence, and violence against
            women. The Federal Government should promote similar efforts
            and protections relating to elder abuse, neglect, and
            exploitation.
                (12) The Federal Government should provide leadership and
            assist States and communities in their efforts to protect
            elders in the United States by--
                        (A) promoting coordinated planning among all levels
                    of government;
                        (B) generating and sharing knowledge relevant to
                    protecting elders;
                        (C) providing leadership to combat the abuse,
                    neglect, and exploitation of the Nation's elders; and
                        (D) providing resources to States and communities
                    to promote elder justice.
                (13) The problem of elder abuse, neglect, and exploitation
            requires a comprehensive approach that--
                        (A) integrates the work of health, legal, and
                    social service agencies and organizations;
                        (B) emphasizes the need for prevention, reporting,
                    investigation, assessment, treatment, and prosecution
                    of elder abuse, neglect, and exploitation at all levels
                    of government;
                        (C) ensures that sufficient numbers of properly
                    trained personnel with specialized knowledge are in
                    place to--
                                (i) treat, assess, and provide services
                            relating to elder abuse, neglect, and
                            exploitation; and
                                (ii) carry out elder protection duties;
                        (D) is sensitive to ethnic and cultural diversity;
                        (E) recognizes the role of mental health,
                    disability, dementia, substance abuse, medication
                    mismanagement, and family dysfunction problems in
                    increasing and exacerbating elder abuse, neglect, and
                    exploitation; and
                        (F) balances elders' right to self-determination
                    with society's responsibility to protect elders.
                (14) The human, social, and economic cost of elder abuse,
            neglect, and exploitation is high and includes unnecessary
            expenditures of funds from many public programs.
                (15) The failure to coordinate activities relating to, and
            comprehensively prevent and treat, elder abuse, neglect, and
            exploitation threatens the future and well-being of millions of
            elders in the United States.
                (16) All elements of society in the United States have a
            shared responsibility in responding to a national problem of
            elder abuse, neglect, and exploitation.

    SEC. 3. PURPOSES.

        The purposes of this Act are as follows:
                (1) To enhance the social security of the Nation by
            ensuring adequate public-private infrastructure and resolving
            to prevent, detect, treat, understand, and intervene in, and
            where appropriate, aid in the prosecution of, elder abuse,
            neglect, and exploitation.
                (2) To bring a comprehensive approach to preventing and
            combating elder abuse, neglect, and exploitation, a long
            invisible problem that afflicts the most vulnerable among the
            aging population of the United States.
                (3) To raise the issue of elder abuse, neglect, and
            exploitation to national attention, and to create the
            infrastructure at the Federal, State, and local levels, to
            ensure that individuals and organizations on the front lines,
            who are fighting elder abuse, neglect, and exploitation with
            scarce resources and fragmented systems, have the resources and
            information needed to carry out their fight.
                (4) To bring a comprehensive multidisciplinary approach to
            elder justice.
                (5) To set in motion research and data collection to fill
            gaps in knowledge about elder abuse, neglect, and exploitation.
                (6) To supplement the activities of service providers and
            programs, to enhance training, and to leverage scarce resources
            efficiently, in order to ensure that elder justice receives the
            attention it deserves as the Nation's population ages.
                (7) To recognize and address the role of mental health,
            disability, dementia, substance abuse, medication
            mismanagement, and family dysfunction problems in increasing
            and exacerbating elder abuse, neglect, and exploitation.
                (8) To create short- and long-term strategic plans for the
            development and coordination of elder justice research,
            programs, studies, training, and other efforts nationwide.
                (9) To promote collaborative efforts and diminish overlap
            and gaps in efforts in developing the important field of elder
            justice.
                (10) To honor and respect the right of all individuals with
            diminished capacity to decisionmaking autonomy, self-
            determination, and dignity of choice.
                (11) To respect the wishes of individuals with diminished
            capacity and their family members in providing supportive
            services and care plans intended to protect elders from abuse,
            neglect (including self-neglect), and exploitation.

                TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES

    SEC. 101. DEFINITIONS.

        Except as otherwise specifically provided, any term that is defined
    in section 2011 of the Social Security Act (as added by section 102(a))
    and is used in this title has the meaning given such term by such
    section.

    SEC. 102. ELDER JUSTICE.

        (a) Elder Justice.--
                (1) In general.--Title XX of the Social Security Act (42
            U.S.C. 1397 et seq.) is amended--
                        (A) in the title heading, by inserting ``AND ELDER
                    JUSTICE'' after ``SOCIAL SERVICES'';
                        (B) by inserting before section 2001 the following:

            ``Part A--Block Grants to States for Social Services'';

                    and
                        (C) by adding at the end the following:

                            ``Part B--Elder Justice

    ``SEC. 2011. DEFINITIONS.

        ``In this part:
                ``(1) Abuse.--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) Adult protective services.--The term `adult
            protective services' means such services provided to adults as
            the Secretary may specify and includes services such as--
                        ``(A) disseminating reports of adult abuse,
                    neglect, or exploitation;
                        ``(B) investigating the reports described in
                    subparagraph (A);
                        ``(C) case planning, monitoring, evaluation, and
                    other case work and services; and
                        ``(D) providing, arranging for, or facilitating the
                    provision of medical, social service, economic, legal,
                    housing, law enforcement, or other protective,
                    emergency, or support services.
                ``(3) Caregiver.--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.
                ``(4) Direct care.--The term `direct care' means care by an
            employee or contractor who provides assistance or long-term
            care services to a recipient.
                ``(5) Elder.--The term `elder' means an individual age 60
            or older.
                ``(6) Elder justice.--The term `elder justice' means--
                        ``(A) from a societal perspective, efforts to--
                                ``(i) prevent, detect, treat, intervene in,
                            and prosecute elder abuse, neglect, and
                            exploitation; and
                                ``(ii) protect elders with diminished
                            capacity while maximizing their autonomy; and
                        ``(B) from an individual perspective, the
                    recognition of an elder's rights, including the right
                    to be free of abuse, neglect, and exploitation.
                ``(7) Eligible entity.--The term `eligible entity' means a
            State or local government agency, Indian tribe or tribal
            organization, or any other public or private entity that is
            engaged in and has expertise in issues relating to elder
            justice or in a field necessary to promote elder justice
            efforts.
                ``(8) Exploitation.--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.
                ``(9) Fiduciary.--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.
                ``(10) Grant.--The term `grant' includes a contract,
            cooperative agreement, or other mechanism for providing
            financial assistance.
                ``(11) Guardianship.--The term `guardianship' means--
                        ``(A) the process by which a State court determines
                    that an adult individual lacks capacity to make
                    decisions about self-care and property, and appoints
                    another individual or entity known as a guardian, as a
                    conservator, or by a similar term, as a surrogate
                    decisionmaker;
                        ``(B) the manner in which the court-appointed
                    surrogate decisionmaker carries out duties to the
                    individual and the court; or
                        ``(C) the manner in which the court exercises
                    oversight of the surrogate decisionmaker.
                ``(12) Indian tribe.--
                        ``(A) In general.--The term `Indian tribe' has the
                    meaning given such term in section 4 of the Indian
                    Self-Determination and Education Assistance Act (25
                    U.S.C. 450b).
                        ``(B) Inclusion of pueblo and rancheria.--The term
                    `Indian tribe' includes any Pueblo or Rancheria.
                ``(13) Law enforcement.--The term `law enforcement' means
            the full range of potential responders to elder abuse, neglect,
            and exploitation including--
                        ``(A) police, sheriffs, detectives, public safety
                    officers, and corrections personnel;
                        ``(B) prosecutors;
                        ``(C) medical examiners;
                        ``(D) investigators; and
                        ``(E) coroners.
                ``(14) Long-term care.--
                        ``(A) In general.--The term `long-term care' means
                    supportive and health services specified by the
                    Secretary for individuals who need assistance because
                    the individuals have a loss of capacity for self-care
                    due to illness, disability, or vulnerability.
                        ``(B) Loss of capacity for self-care.--For purposes
                    of subparagraph (A), the term `loss of capacity for
                    self-care' means an inability to engage in 1 or more
                    activities of daily living, including eating, dressing,
                    bathing, and management of one's financial affairs.
                ``(15) Long-term care facility.--The term `long-term care
            facility' means a residential care provider that arranges for,
            or directly provides, long-term care.
                ``(16) Neglect.--The term `neglect' means--
                        ``(A) the failure of a caregiver or fiduciary to
                    provide the goods or services that are necessary to
                    maintain the health or safety of an elder; or
                        ``(B) self-neglect.
                ``(17) Nursing facility.--
                        ``(A) In general.--The term `nursing facility' has
                    the meaning given such term under section 1919(a).
                        ``(B) Inclusion of skilled nursing facility.--The
                    term `nursing facility' includes a skilled nursing
                    facility (as defined in section 1819(a))
                ``(18) Self-neglect.--The term `self-neglect' means an
            adult's inability, due to physical or mental impairment or
            diminished capacity, to perform essential self-care tasks
            including--
                        ``(A) obtaining essential food, clothing, shelter,
                    and medical care;
                        ``(B) obtaining goods and services necessary to
                    maintain physical health, mental health, or general
                    safety; or
                        ``(C) managing one's own financial affairs.
                ``(19) Serious bodily injury.--
                        ``(A) In general.--The term `serious bodily injury'
                    means an injury--
                                ``(i) involving extreme physical pain;
                                ``(ii) involving substantial risk of death;
                                ``(iii) involving protracted loss or
                            impairment of the function of a bodily member,
                            organ, or mental faculty; or
                                ``(iv) requiring medical intervention such
                            as surgery, hospitalization, or physical
                            rehabilitation.
                        ``(B) Criminal sexual abuse.--Serious bodily injury
                    shall be considered to have occurred if the conduct
                    causing the injury is conduct described in section 2241
                    (relating to aggravated sexual abuse) or 2242 (relating
                    to sexual abuse) of title 18, United States Code, or
                    any similar offense under State law.
                ``(20) Social.--The term `social', when used with respect
            to a service, includes adult protective services.
                ``(21) State legal assistance developer.--The term `State
            legal assistance developer' means an individual described in
            section 731 of the Older Americans Act of 1965.
                ``(22) State long-term care ombudsman.--The term `State
            Long-Term Care Ombudsman' means the State Long-Term Care
            Ombudsman described in section 712(a)(2) of the Older Americans
            Act of 1965.

    ``SEC. 2012. GENERAL PROVISIONS.

        ``(a) Protection of Privacy.--In pursuing activities under this
    part, the Secretary shall ensure the protection of individual health
    privacy consistent with the regulations promulgated under section
    264(c) of the Health Insurance Portability and Accountability Act of
    1996 and applicable State and local privacy regulations.
        ``(b) Rule of Construction.--Nothing in this part shall be
    construed to interfere with or abridge an elder's right to practice his
    or her religion through reliance on prayer alone for healing when this
    choice--
                ``(1) is contemporaneously expressed, either orally or in
            writing, with respect to a specific illness or injury which the
            elder has at the time of the decision by an elder who is
            competent at the time of the decision;
                ``(2) is previously set forth in a living will, health care
            proxy, or other advance directive document that is validly
            executed and applied under State law; or
                ``(3) may be unambiguously deduced from the elder's life
            history.

      ``Subpart 1--National Coordination of Elder Justice Activities and
                                    Research

     ``CHAPTER I--ELDER JUSTICE COORDINATING COUNCIL AND ADVISORY BOARD ON
                     ELDER ABUSE, NEGLECT, AND EXPLOITATION

    ``SEC. 2021. ELDER JUSTICE COORDINATING COUNCIL.

        ``(a) Establishment.--There is established within the Office of the
    Secretary an Elder Justice Coordinating Council (in this section
    referred to as the `Council').
        ``(b) Membership.--
                ``(1) In general.--The Council shall be composed of the
            following members:
                        ``(A) The Secretary (or the Secretary's designee).
                        ``(B) The Attorney General (or the Attorney
                    General's designee).
                        ``(C) The head of each Federal department or agency
                    or other governmental entity identified by the Chair
                    referred to in subsection (d) as having
                    responsibilities, or administering programs, relating
                    to elder abuse, neglect, and exploitation.
                ``(2) Requirement.--Each member of the Council shall be an
            officer or employee of the Federal Government.
        ``(c) Vacancies.--Any vacancy in the Council shall not affect its
    powers, but shall be filled in the same manner as the original
    appointment was made.
        ``(d) Chair.--The member described in subsection (b)(1)(A) shall be
    Chair of the Council.
        ``(e) Meetings.--The Council shall meet at least 2 times per year,
    as determined by the Chair.
        ``(f) Duties.--
                ``(1) In general.--The Council shall make recommendations
            to the Secretary for the coordination of activities of the
            Department of Health and Human Services, the Department of
            Justice, and other relevant Federal, State, local, and private
            agencies and entities, relating to elder abuse, neglect, and
            exploitation and other crimes against elders.
                ``(2) Report.--Not later than the date that is 2 years
            after the date of enactment of the Elder Justice Act and every
            2 years thereafter, the Council shall submit to the Committee
            on Finance of the Senate and the Committee on Ways and Means
            and the Committee on Energy and Commerce of the House of
            Representatives a report that--
                        ``(A) describes the activities and accomplishments
                    of, and challenges faced by--
                                ``(i) the Council; and
                                ``(ii) the entities represented on the
                            Council; and
                        ``(B) makes such recommendations for legislation,
                    model laws, or other action as the Council determines
                    to be appropriate.
        ``(g) Powers of the Council.--
                ``(1) Information from federal agencies.--Subject to the
            requirements of section 2012(a), the Council may secure
            directly from any Federal department or agency such information
            as the Council considers necessary to carry out this section.
            Upon request of the Chair of the Council, the head of such
            department or agency shall furnish such information to the
            Council.
                ``(2) Postal services.--The Council may use the United
            States mails in the same manner and under the same conditions
            as other departments and agencies of the Federal Government.
        ``(h) Travel Expenses.--The members of the Council shall not
    receive compensation for the performance of services for the Council.
    The members shall be allowed travel expenses, including per diem in
    lieu of subsistence, at rates authorized for employees of agencies
    under subchapter I of chapter 57 of title 5, United States Code, while
    away from their homes or regular places of business in the performance
    of services for the Council. Notwithstanding section 1342 of title 31,
    United States Code, the Secretary may accept the voluntary and
    uncompensated services of the members of the Council.
        ``(i) Detail of Government Employees.--Any Federal Government
    employee may be detailed to the Council without reimbursement, and such
    detail shall be without interruption or loss of civil service status or
    privilege.
        ``(j) Status as Permanent Council.--Section 14 of the Federal
    Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council.

    ``SEC. 2022. ADVISORY BOARD ON ELDER ABUSE, NEGLECT, AND EXPLOITATION.

        ``(a) Establishment.--There is established a board to be known as
    the `Advisory Board on Elder Abuse, Neglect, and Exploitation' (in this
    section referred to as the `Advisory Board') to create short- and long-
    term multidisciplinary strategic plans for the development of the field
    of elder justice and to make recommendations to the Elder Justice
    Coordinating Council established under section 2021.
        ``(b) Composition.--The Advisory Board shall be composed of 27
    members appointed by the Secretary from among members of the general
    public who are individuals with experience and expertise in elder
    abuse, neglect, and exploitation prevention, detection, treatment,
    intervention, or prosecution.
        ``(c) Solicitation of Nominations.--The Secretary shall publish a
    notice in the Federal Register soliciting nominations for the
    appointment of members of the Advisory Board under subsection (b).
        ``(d) Terms.--
                ``(1) In general.--Each member of the Advisory Board shall
            be appointed for a term of 3 years, except that, of the members
            first appointed--
                        ``(A) 9 shall be appointed for a term of 3 years;
                        ``(B) 9 shall be appointed for a term of 2 years;
                    and
                        ``(C) 9 shall be appointed for a term of 1 year.
                ``(2) Vacancies.--
                        ``(A) In general.--Any vacancy on the Advisory
                    Board shall not affect its powers, but shall be filled
                    in the same manner as the original appointment was
                    made.
                        ``(B) Filling unexpired term.--An individual chosen
                    to fill a vacancy shall be appointed for the unexpired
                    term of the member replaced.
                ``(3) Expiration of terms.--The term of any member shall
            not expire before the date on which the member's successor
            takes office.
        ``(e) Election of Officers.--The Advisory Board shall elect a Chair
    and Vice Chair from among its members. The Advisory Board shall elect
    its initial Chair and Vice Chair at its initial meeting.
        ``(f) Duties.--
                ``(1) Enhance communication on promoting quality of, and
            preventing abuse and neglect in, long-term care.--The Advisory
            Board shall develop collaborative and innovative approaches to
            improve the quality of, including preventing abuse and neglect
            in, long-term care.
                ``(2) Collaborative efforts to develop consensus around the
            management of certain quality-related factors.--
                        ``(A) In general.--The Advisory Board shall
                    establish multidisciplinary panels to address, and
                    develop consensus on, subjects relating to improving
                    the quality of long-term care. At least 1 such panel
                    shall address, and develop consensus on, methods for
                    managing resident-to-resident abuse in long-term care.
                        ``(B) Activities conducted.--The multidisciplinary
                    panels established under subparagraph (A) shall examine
                    relevant research and data, identify best practices
                    with respect to the subject of the panel, determine the
                    best way to carry out those best practices in a
                    practical and feasible manner, and determine an
                    effective manner of distributing information on such
                    subject.
                ``(3) Report.--Not later than the date that is 18 months
            after the date of enactment of the Elder Justice Act, and
            annually thereafter, the Advisory Board shall prepare and
            submit to the Elder Justice Coordinating Council, the Committee
            on Finance of the Senate, and the Committee on Ways and Means
            and the Committee on Energy and Commerce of the House of
            Representatives a report containing--
                        ``(A) information on the status of Federal, State,
                    and local public and private elder justice activities;
                        ``(B) recommendations (including recommended
                    priorities) regarding--
                                ``(i) elder justice programs, research,
                            training, services, practice, enforcement, and
                            coordination;
                                ``(ii) coordination between entities
                            pursuing elder justice efforts and those
                            involved in related areas that may inform or
                            overlap with elder justice efforts, such as
                            activities to combat violence against women and
                            child abuse and neglect; and
                                ``(iii) activities relating to adult
                            fiduciary systems, including guardianship and
                            other fiduciary arrangements;
                        ``(C) recommendations for specific modifications
                    needed in Federal and State laws (including
                    regulations) or for programs, research, and training to
                    enhance prevention, detection, and treatment (including
                    diagnosis) of, intervention in (including investigation
                    of), and prosecution of elder abuse, neglect, and
                    exploitation;
                        ``(D) recommendations on methods for the most
                    effective coordinated national data collection with
                    respect to elder justice, and elder abuse, neglect, and
                    exploitation; and
                        ``(E) recommendations for a multidisciplinary
                    strategic plan to guide the effective and efficient
                    development of the field of elder justice.
        ``(g) Powers of the Advisory Board.--
                ``(1) Information from federal agencies.--Subject to the
            requirements of section 2012(a), the Advisory Board may secure
            directly from any Federal department or agency such information
            as the Advisory Board considers necessary to carry out this
            section. Upon request of the Chair of the Advisory Board, the
            head of such department or agency shall furnish such
            information to the Advisory Board.
                ``(2) Sharing of data and reports.--The Advisory Board may
            request from any entity pursuing elder justice activities under
            the Elder Justice Act or an amendment made by that Act, any
            data, reports, or recommendations generated in connection with
            such activities.
                ``(3) Postal services.--The Advisory Board may use the
            United States mails in the same manner and under the same
            conditions as other departments and agencies of the Federal
            Government.
        ``(h) Travel Expenses.--The members of the Advisory Board shall not
    receive compensation for the performance of services for the Advisory
    Board. The members shall be allowed travel expenses for up to 4
    meetings per year, including per diem in lieu of subsistence, at rates
    authorized for employees of agencies under subchapter I of chapter 57
    of title 5, United States Code, while away from their homes or regular
    places of business in the performance of services for the Advisory
    Board. Notwithstanding section 1342 of title 31, United States Code,
    the Secretary may accept the voluntary and uncompensated services of
    the members of the Advisory Board.
        ``(i) Detail of Government Employees.--Any Federal Government
    employee may be detailed to the Advisory Board without reimbursement,
    and such detail shall be without interruption or loss of civil service
    status or privilege.
        ``(j) Status as Permanent Advisory Committee.--Section 14 of the
    Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
    advisory board.

    ``SEC. 2023. RESEARCH PROTECTIONS.

        ``(a) Guidelines.--The Secretary shall promulgate guidelines to
    assist researchers working in the area of elder abuse, neglect, and
    exploitation, with issues relating to human subject protections.
        ``(b) Definition of Legally Authorized Representative for
    Application of Regulations.--For purposes of the application of subpart
    A of part 46 of title 45, Code of Federal Regulations, to research
    conducted under this chapter the term `legally authorized
    representative' means, unless otherwise provided by law, the individual
    or judicial or other body authorized under the applicable law to
    consent to medical treatment on behalf of another person.

    ``SEC. 2024. AUTHORIZATION OF APPROPRIATIONS.

        ``There are authorized to be appropriated to carry out this
    chapter--
                ``(1) for fiscal year 2008, $6,500,000; and
                ``(2) for each of fiscal years 2009 through 2011,
            $7,000,000.

     ``CHAPTER II--ELDER ABUSE, NEGLECT, AND EXPLOITATION FORENSIC CENTERS

    ``SEC. 2031. ESTABLISHMENT AND SUPPORT OF ELDER ABUSE, NEGLECT, AND
                        EXPLOITATION FORENSIC CENTERS.

        ``(a) In General.--The Secretary, in consultation with the Attorney
    General, shall make grants to eligible entities to establish and
    operate stationary and mobile forensic centers, to develop forensic
    expertise regarding, and provide services relating to, elder abuse,
    neglect, and exploitation.
        ``(b) Stationary Forensic Centers.--The Secretary shall make 4 of
    the grants described in subsection (a) to institutions of higher
    education with demonstrated expertise in forensics or commitment to
    preventing or treating elder abuse, neglect, or exploitation, to
    establish and operate stationary forensic centers.
        ``(c) Mobile Centers.--The Secretary shall make 6 of the grants
    described in subsection (a) to appropriate entities to establish and
    operate mobile forensic centers.
        ``(d) Authorized Activities.--
                ``(1) Development of forensic markers and methodologies.--
            An eligible entity that receives a grant under this section
            shall use funds made available through the grant to assist in
            determining whether abuse, neglect, or exploitation occurred
            and whether a crime was committed and to conduct research to
            describe and disseminate information on--
                        ``(A) forensic markers that indicate a case in
                    which elder abuse, neglect, or exploitation may have
                    occurred; and
                        ``(B) methodologies for determining, in such a
                    case, when and how health care, emergency service,
                    social and protective services, and legal service
                    providers should intervene and when the providers
                    should report the case to law enforcement authorities.
                ``(2) Development of forensic expertise.--An eligible
            entity that receives a grant under this section shall use funds
            made available through the grant to develop forensic expertise
            regarding elder abuse, neglect, and exploitation in order to
            provide medical and forensic evaluation, therapeutic
            intervention, victim support and advocacy, case review, and
            case tracking.
                ``(3) Collection of evidence.--The Secretary, in
            coordination with the Attorney General, shall use data made
            available by grant recipients under this section to develop the
            capacity of geriatric health care professionals and law
            enforcement to collect forensic evidence, including collecting
            forensic evidence relating to a potential determination of
            elder abuse, neglect, or exploitation.
        ``(e) Application.--To be eligible to receive a grant under this
    section, an entity shall submit an application to the Secretary at such
    time, in such manner, and containing such information as the Secretary
    may require.
        ``(f) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section--
                ``(1) for fiscal year 2008, $4,000,000;
                ``(2) for fiscal year 2009, $6,000,000; and
                ``(3) for each of fiscal years 2010 and 2011, $8,000,000.

                 ``Subpart 2--Programs to Promote Elder Justice

    ``SEC. 2041. ENHANCEMENT OF LONG-TERM CARE.

        ``(a) Grants and Incentives for Long-Term Care Staffing.--
                ``(1) In general.--The Secretary shall carry out
            activities, including activities described in paragraphs (2)
            and (3), to provide incentives for individuals to train for,
            seek, and maintain employment providing direct care in a long-
            term care facility.
                ``(2) Specific programs to enhance training, recruitment,
            and retention of staff.--
                        ``(A) Coordination with secretary of labor to
                    recruit and train long-term care staff.--The Secretary
                    shall coordinate activities under this subsection with
                    the Secretary of Labor in order to provide incentives
                    for individuals to train for and seek employment
                    providing direct care in a long-term care facility.
                        ``(B) Career ladders and wage or benefit increases
                    to increase staffing in long-term care facilities.--
                                ``(i) In general.--The Secretary shall make
                            grants to long-term care facilities to carry
                            out programs through which the facilities--
                                        ``(I) offer, to employees who
                                    provide direct care to residents of a
                                    long-term care facility, continuing
                                    training and varying levels of
                                    certification, based on observed
                                    clinical care practices and the amount
                                    of time the employees spend providing
                                    direct care; and
                                        ``(II) provide, or make
                                    arrangements to provide, bonuses or
                                    other increased compensation or
                                    benefits to employees who achieve
                                    certification under such a program.
                                ``(ii) Application.--To be eligible to
                            receive a grant under this subparagraph, a
                            long-term care facility shall submit an
                            application to the Secretary at such time, in
                            such manner, and containing such information as
                            the Secretary may require (which may include
                            evidence of consultation with the State in
                            which the long-term care facility is located
                            with respect to carrying out activities funded
                            under the grant).
                                ``(iii) Authority to limit number of
                            applicants.--Nothing in this subparagraph shall
                            be construed as prohibiting the Secretary from
                            limiting the number of applicants for a grant
                            under this subparagraph.
                ``(3) Specific programs to improve management practices.--
                        ``(A) In general.--The Secretary shall make grants
                    to long-term care facilities to enable the facilities
                    to provide training and technical assistance to
                    eligible employees.
                        ``(B) Authorized activities.--A long-term care
                    facility that receives a grant under subparagraph (A)
                    shall use funds made available through the grant to
                    provide training and technical assistance to eligible
                    employees regarding management practices using methods
                    that are demonstrated to promote retention of
                    individuals who provide direct care to residents of the
                    long-term care facility, such as--
                                ``(i) the establishment of standard human
                            resource policies that reward high performance,
                            including policies that provide for improved
                            wages and benefits on the basis of job reviews;
                                ``(ii) the establishment of motivational
                            and thoughtful work organization practices;
                                ``(iii) the creation of a workplace culture
                            that respects and values caregivers and their
                            needs;
                                ``(iv) the promotion of a workplace culture
                            that respects the rights of residents of a
                            long-term care facility and results in improved
                            care for the residents; and
                                ``(v) the establishment of other programs
                            that promote the provision of high quality
                            care, such as a continuing education program
                            that provides additional hours of training,
                            including on-the-job training, for employees
                            who are certified nurse aides.
                        ``(C) Application.--To be eligible to receive a
                    grant under this paragraph, a long-term care facility
                    shall submit an application to the Secretary at such
                    time, in such manner, and containing such information
                    as the Secretary may require (which may include
                    evidence of consultation with the State in which the
                    long-term care facility is located with respect to
                    carrying out activities funded under the grant).
                        ``(D) Authority to limit number of applicants.--
                    Nothing in this paragraph shall be construed as
                    prohibiting the Secretary from limiting the number of
                    applicants for a grant under this paragraph.
                        ``(E) Eligible employee defined.--In this
                    paragraph, the term `eligible employee' means an
                    individual who establishes or implements management
                    practices applicable with respect to individuals who
                    provide direct care to residents of a long-term care
                    facility and includes administrators, directors of
                    nursing, staff developers, and charge nurses.
                ``(4) Accountability measures.--The Secretary shall develop
            accountability measures to ensure that the activities conducted
            using funds made available under this subsection benefit
            eligible employees and increase the stability of the long-term
            care workforce.
        ``(b) Informatics Systems Grant Program.--
                ``(1) Grants authorized.--The Secretary is authorized to
            make grants to long-term care facilities for the purpose of
            assisting such entities in offsetting the costs related to
            purchasing, leasing, developing, and implementing standardized
            clinical health care informatics systems designed to improve
            patient safety and reduce adverse events and health care
            complications resulting from medication errors.
                ``(2) Use of grant funds.--Funds provided under grants
            under this subsection may be used for any of the following:
                        ``(A) Purchasing, leasing, and installing computer
                    software and hardware, including handheld computer
                    technologies.
                        ``(B) Making improvements to existing computer
                    software and hardware.
                        ``(C) Making upgrades and other improvements to
                    existing computer software and hardware to enable e-
                    prescribing.
                        ``(D) Providing education and training to eligible
                    long-term care facility staff on the use of technology
                    to implement the electronic transmission of
                    prescription and patient information.
                ``(3) Application.--To be eligible to receive a grant under
            this subsection, a long-term care facility shall submit an
            application to the Secretary at such time, in such manner, and
            containing such information as the Secretary may require (which
            may include evidence of consultation with the State in which
            the long-term care facility is located with respect to carrying
            out activities funded under the grant).
                ``(4) Authority to limit number of applicants.--Nothing in
            this subsection shall be construed as prohibiting the Secretary
            from limiting the number of applicants for a grant under this
            subsection.
                ``(5) Accountability measures.--The Secretary shall develop
            accountability measures to ensure that the activities conducted
            using funds made available under this subsection help improve
            patient safety and reduce adverse events and health care
            complications resulting from medication errors.
        ``(c) Inclusion of Adjudicated Crimes on Nursing Home Compare
    Website.--Not later than 1 year after the date of enactment of the
    Elder Justice Act, the Secretary shall ensure that the Department of
    Health and Human Services includes, as part of the information provided
    for comparison of nursing facilities on the official Internet website
    of the Federal Government for Medicare beneficiaries (commonly referred
    to as the `Nursing Home Compare' Medicare website), the number of
    adjudicated instances of criminal violations by a nursing facility or
    crimes committed by an employee of a nursing facility--
                ``(1) that were committed inside of the facility; and
                ``(2) with respect to such instances of violations or
            crimes committed outside of the facility, that were the
            violations or crimes of elder abuse, neglect, and exploitation,
            criminal sexual abuse of an elder, or other violations or
            crimes that resulted in the serious bodily injury of an elder.
        ``(d) Development of Consumer Rights Information Page on Nursing
    Home Compare Website.--Not later than 1 year after the date of
    enactment of the Elder Justice Act, the Secretary shall ensure that the
    Department of Health and Human Services, as part of the information
    provided for comparison of nursing facilities on the Nursing Home
    Compare Medicare website develops and includes a consumer rights
    information page that contains links to descriptions of, and
    information with respect to, the following:
                ``(1) The documentation on nursing facilities that is
            available to the public.
                ``(2) General information and tips on choosing a nursing
            facility that meets the needs of the individual.
                ``(3) General information on consumer rights with respect
            to nursing facilities.
                ``(4) The nursing facility survey process (on a national
            and State-specific basis).
                ``(5) On a State-specific basis, the services available
            through the State long-term care ombudsman for such State.
        ``(e) Development and Adoption of Standards for Transactions
    Involving Clinical Data by Long-Term Care Facilities.--
                ``(1) Standards.--The Secretary shall develop and adopt
            uniform open electronic standards for transactions involving
            clinical data by long-term care facilities. Such standards
            shall include messaging and nomenclature standards.
                ``(2) Compatibility with other standards.--The standards
            developed and adopted under paragraph (1) shall be compatible
            with standards established under part C of title XI, standards
            established under subsections (b)(2)(B)(i) and (e)(4) of
            section 1860D-4, and with general health information technology
            standards.
                ``(3) Electronic submission of data to the secretary.--
                        ``(A) In general.--Not later than 10 years after
                    the date of enactment of the Elder Justice Act, the
                    Secretary shall have procedures in place to accept the
                    optional electronic submission of clinical data by
                    long-term care facilities pursuant to the standards
                    developed and adopted under paragraph (1).
                        ``(B) Rule of construction.--Nothing in this
                    subsection shall be construed to require a long-term
                    care facility to submit clinical data electronically to
                    the Secretary.
        ``(f) Regulations.--The Secretary shall promulgate regulations to
    carry out subsections (c), (d), and (e) of this section. Such
    regulations shall require a State, as a condition of the receipt of
    funds under this part, to conduct such data collection and reporting as
    the Secretary determines are necessary to satisfy the requirements of
    such subsections.
        ``(g) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section--
                ``(1) for fiscal year 2008, $20,000,000;
                ``(2) for fiscal year 2009, $17,500,000; and
                ``(3) for each of fiscal years 2010 and 2011, $15,000,000.

    ``SEC. 2042. ADULT PROTECTIVE SERVICES FUNCTIONS AND GRANT PROGRAMS.

        ``(a) Secretarial Responsibilities.--
                ``(1) In general.--The Secretary shall ensure that the
            Department of Health and Human Services--
                        ``(A) provides funding authorized by this subpart
                    to State and local adult protective services offices
                    that investigate reports of the abuse, neglect, and
                    exploitation of elders;
                        ``(B) collects and disseminates data annually
                    relating to the abuse, exploitation, and neglect of
                    elders in coordination with the Department of Justice;
                        ``(C) develops and disseminates information on best
                    practices regarding, and provides training on, carrying
                    out adult protective services;
                        ``(D) conducts research related to the provision of
                    adult protective services; and
                        ``(E) provides technical assistance to States and
                    other entities that provide or fund the provision of
                    adult protective services, including through grants
                    made under subsections (b) and (c).
                ``(2) Authorization of appropriations.--There are
            authorized to be appropriated to carry out this subsection,
            $3,000,000 for fiscal year 2008 and $4,000,000 for each of
            fiscal years 2009 through 2011.
        ``(b) Grants to Enhance the Provision of Adult Protective
    Services.--
                ``(1) Establishment.--There is established an adult
            protective services grant program under which the Secretary
            shall annually award grants to States in the amounts calculated
            under paragraph (2) for the purposes of enhancing adult
            protective services provided by States and local units of
            government.
                ``(2) Amount of payment.--
                        ``(A) In general.--Subject to the availability of
                    appropriations and subparagraphs (B) and (C), the
                    amount paid to a State for a fiscal year under the
                    program under this subsection shall equal the amount
                    appropriated for that year to carry out this subsection
                    multiplied by the percentage of the total number of
                    elders who reside in the United States who reside in
                    that State.
                        ``(B) Guaranteed minimum payment amount.--
                                ``(i) 50 states.--Subject to clause (ii),
                            if the amount determined under subparagraph (A)
                            for a State for a fiscal year is less than 0.75
                            percent of the amount appropriated for such
                            year, the Secretary shall increase such
                            determined amount so that the total amount paid
                            under this subsection to the State for the year
                            is equal to 0.75 percent of the amount so
                            appropriated.
                                ``(ii) Territories.--In the case of a State
                            other than 1 of the 50 States, clause (i) shall
                            be applied as if each reference to `0.75' were
                            a reference to `0.1'.
                        ``(C) Pro rata reductions.--The Secretary shall
                    make such pro rata reductions to the amounts described
                    in subparagraph (A) as are necessary to comply with the
                    requirements of subparagraph (B).
                ``(3) Authorized activities.--
                        ``(A) Adult protective services.--Funds made
                    available pursuant to this subsection may only be used
                    by States and local units of government to provide
                    adult protective services and may not be used for any
                    other purpose.
                        ``(B) Use by agency.--Each State receiving funds
                    pursuant to this subsection shall provide such funds to
                    the agency or unit of State government having legal
                    responsibility for providing adult protective services
                    within the State.
                        ``(C) Supplement not supplant.--Each State or local
                    unit of government shall use funds made available
                    pursuant to this subsection to supplement and not
                    supplant other Federal, State, and local public funds
                    expended to provide adult protective services in the
                    State.
                ``(4) State reports.--Each State receiving funds under this
            subsection shall submit to the Secretary, at such time and in
            such manner as the Secretary may require, a report on the
            number of elders served by the grants awarded under this
            subsection.
                ``(5) Authorization of appropriations.--There are
            authorized to be appropriated to carry out this subsection,
            $100,000,000 for each of fiscal years 2008 through 2011.
        ``(c) State Demonstration Programs.--
                ``(1) Establishment.--The Secretary shall award grants to
            States for the purposes of conducting demonstration programs in
            accordance with paragraph (2).
                ``(2) Demonstration programs.--Funds made available
            pursuant to this subsection may be used by States and local
            units of government to conduct demonstration programs that
            test--
                        ``(A) training modules developed for the purpose of
                    detecting or preventing elder abuse;
                        ``(B) methods to detect or prevent financial
                    exploitation of elders;
                        ``(C) methods to detect elder abuse;
                        ``(D) whether training on elder abuse forensics
                    enhances the detection of elder abuse by employees of
                    the State or local unit of government; or
                        ``(E) other matters relating to the detection or
                    prevention of elder abuse.
                ``(3) Application.--To be eligible to receive a grant under
            this subsection, a State shall submit an application to the
            Secretary at such time, in such manner, and containing such
            information as the Secretary may require.
                ``(4) State reports.--Each State that receives funds under
            this subsection shall submit a report to the Secretary at such
            time, in such manner, and containing such information as the
            Secretary may require on the results of the demonstration
            program conducted by the State using funds made available under
            this subsection.
                ``(5) Authorization of appropriations.--There are
            authorized to be appropriated to carry out this subsection,
            $25,000,000 for each of fiscal years 2008 through 2011.

    ``SEC. 2043. LONG-TERM CARE OMBUDSMAN PROGRAM GRANTS AND TRAINING.

        ``(a) Grants to Support the Long-Term Care Ombudsman Program.--
                ``(1) In general.--The Secretary shall make grants to
            eligible entities with relevant expertise and experience in
            abuse and neglect in long-term care facilities or long-term
            care ombudsman programs and responsibilities, for the purpose
            of--
                        ``(A) improving the capacity of State long-term
                    care ombudsman programs to respond to and resolve
                    complaints about abuse and neglect;
                        ``(B) conducting pilot programs with State long-
                    term care ombudsman offices or local ombudsman
                    entities; and
                        ``(C) providing support for such State long-term
                    care ombudsman programs and such pilot programs (such
                    as through the establishment of a national long-term
                    care ombudsman resource center).
                ``(2) Authorization of appropriations.--There are
            authorized to be appropriated to carry out this subsection--
                        ``(A) for fiscal year 2008, $5,000,000;
                        ``(B) for fiscal year 2009, $7,500,000; and
                        ``(C) for each of fiscal years 2010 and 2011,
                    $10,000,000.
        ``(b) Ombudsman Training Programs.--
                ``(1) In general.--The Secretary shall establish programs
            to provide and improve ombudsman training with respect to elder
            abuse, neglect, and exploitation for national organizations and
            State long-term care ombudsman programs.
                ``(2) Authorization of appropriations.--There are
            authorized to be appropriated to carry out this subsection, for
            each of fiscal years 2008 through 2011, $10,000,000.

    ``SEC. 2044. PROVISION OF INFORMATION REGARDING, AND EVALUATIONS OF,
                        ELDER JUSTICE PROGRAMS.

        ``(a) Provision of Information.--To be eligible to receive a grant
    under this part, an applicant shall agree--
                ``(1) except as provided in paragraph (2), to provide the
            eligible entity conducting an evaluation under subsection (b)
            of the activities funded through the grant with such
            information as the eligible entity may require in order to
            conduct such evaluation; or
                ``(2) in the case of an applicant for a grant under section
            2041(b), to provide the Secretary with such information as the
            Secretary may require to conduct an evaluation or audit under
            subsection (c).
        ``(b) Use of Eligible Entities To Conduct Evaluations.--
                ``(1) Evaluations required.--Except as provided in
            paragraph (2), the Secretary shall--
                        ``(A) reserve a portion (not less than 2 percent)
                    of the funds appropriated with respect to each program
                    carried out under this part; and
                        ``(B) use the funds reserved under subparagraph (A)
                    to provide assistance to eligible entities to conduct
                    evaluations of the activities funded under each program
                    carried out under this part.
                ``(2) Informatics systems grant program not included.--The
            provisions of this subsection shall not apply to the
            informatics systems grant program under section 2041(b).
                ``(3) Authorized activities.--A recipient of assistance
            described in paragraph (1)(B) shall use the funds made
            available through the assistance to conduct a validated
            evaluation of the effectiveness of the activities funded under
            a program carried out under this part.
                ``(4) Applications.--To be eligible to receive assistance
            under paragraph (1)(B), an entity shall submit an application
            to the Secretary at such time, in such manner, and containing
            such information as the Secretary may require, including a
            proposal for the evaluation.
                ``(5) Reports.--Not later than a date specified by the
            Secretary, an eligible entity receiving assistance under
            paragraph (1)(B) shall submit to the Secretary, the Committee
            on Ways and Means and the Committee on Energy and Commerce of
            the House of Representatives, and the Committee on Finance of
            the Senate a report containing the results of the evaluation
            conducted using such assistance together with such
            recommendations as the entity determines to be appropriate.
        ``(c) Evaluations and Audits of Informatics Systems Grant Program
    by the Secretary.--
                ``(1) Evaluations.--The Secretary shall conduct an
            evaluation of the activities funded under the informatics
            systems grant program under section 2041(b). Such evaluation
            shall include an evaluation of whether the funding provided
            under the grant is expended only for the purposes for which it
            is made.
                ``(2) Audits.--The Secretary shall conduct appropriate
            audits of grants made under section 2041(b).

    ``SEC. 2045. REPORT.

        ``Not later than October 1, 2011, the Secretary shall submit to the
    Elder Justice Coordinating Council, the Committee on Ways and Means and
    the Committee on Energy and Commerce of the House of Representatives,
    and the Committee on Finance of the Senate a report--
                ``(1) compiling, summarizing, and analyzing the information
            contained in the State reports submitted under subsections
            (b)(4) and (c)(4) of section 2042; and
                ``(2) containing such recommendations for legislative or
            administrative action as the Secretary determines to be
            appropriate.''.
                (2) Option for state plan under program for temporary
            assistance for needy families.--
                        (A) In general.--Section 402(a)(1)(B) of the Social
                    Security Act (42 U.S.C. 602(a)(1)(B)) is amended by
                    adding at the end the following new clause:
                                ``(v) The document shall indicate whether
                            the State intends to assist individuals to
                            train for, seek, and maintain employment--
                                        ``(I) providing direct care in a
                                    long-term care facility (as such terms
                                    are defined under section 2011); or
                                        ``(II) in other occupations related
                                    to elder care determined appropriate by
                                    the State for which the State
                                    identifies an unmet need for service
                                    personnel,
                            and, if so, shall include an overview of such
                            assistance.''.
                        (B) Effective date.--The amendment made by
                    subparagraph (A) shall take effect on October 1, 2008.
        (b) Protecting Residents of Long-Term Care Facilities.--
                (1) National training institute for surveyors.--
                        (A) In general.--The Secretary of Health and Human
                    Services shall enter into a contract with an entity for
                    the purpose of establishing and operating a National
                    Training Institute for Federal and State surveyors.
                    Such Institute shall provide and improve the training
                    of surveyors with respect to investigating allegations
                    of abuse, neglect, and misappropriation of property in
                    programs and long-term care facilities that receive
                    payments under title XVIII or XIX of the Social
                    Security Act.
                        (B) Activities carried out by the institute.--The
                    contract entered into under subparagraph (A) shall
                    require the Institute established and operated under
                    such contract to carry out the following activities:
                                (i) Assess the extent to which State
                            agencies use specialized surveyors for the
                            investigation of reported allegations of abuse,
                            neglect, and misappropriation of property in
                            such programs and long-term care facilities.
                                (ii) Evaluate how the competencies of
                            surveyors may be improved to more effectively
                            investigate reported allegations of such abuse,
                            neglect, and misappropriation of property, and
                            provide feedback to Federal and State agencies
                            on the evaluations conducted.
                                (iii) Provide a national program of
                            training, tools, and technical assistance to
                            Federal and State surveyors on investigating
                            reports of such abuse, neglect, and
                            misappropriation of property.
                                (iv) Develop and disseminate information on
                            best practices for the investigation of such
                            abuse, neglect, and misappropriation of
                            property.
                                (v) Assess the performance of State
                            complaint intake systems, in order to ensure
                            that the intake of complaints occurs 24 hours
                            per day, 7 days a week (including holidays).
                                (vi) To the extent approved by the
                            Secretary of Health and Human Services, provide
                            a national 24 hours per day, 7 days a week
                            (including holidays), back-up system to State
                            complaint intake systems in order to ensure
                            optimum national responsiveness to complaints
                            of such abuse, neglect, and misappropriation of
                            property.
                                (vii) Analyze and report annually on the
                            following:
                                        (I) The total number and sources of
                                    complaints of such abuse, neglect, and
                                    misappropriation of property.
                                        (II) The extent to which such
                                    complaints are referred to law
                                    enforcement agencies.
                                        (III) General results of Federal
                                    and State investigations of such
                                    complaints.
                                (viii) Conduct a national study of the cost
                            to State agencies of conducting complaint
                            investigations of skilled nursing facilities
                            and nursing facilities under sections 1819 and
                            1919, respectively, of the Social Security Act
                            (42 U.S.C. 1395i-3; 1396r), and making
                            recommendations to the Secretary of Health and
                            Human Services with respect to options to
                            increase the efficiency and cost-effectiveness
                            of such investigations.
                        (C) Authorization.--There are authorized to be
                    appropriated to carry out this paragraph, for the
                    period of fiscal years 2008 through 2011, $12,000,000.
                (2) Grants to state survey agencies.--
                        (A) In general.--The Secretary of Health and Human
                    Services shall make grants to State agencies that
                    perform surveys of skilled nursing facilities or
                    nursing facilities under sections 1819 or 1919,
                    respectively, of the Social Security Act (42 U.S.C.
                    1395i-3; 1395r).
                        (B) Use of funds.--A grant awarded under
                    subparagraph (A) shall be used for the purpose of
                    designing and implementing complaint investigations
                    systems that--
                                (i) promptly prioritize complaints in order
                            to ensure a rapid response to the most serious
                            and urgent complaints;
                                (ii) respond to complaints with optimum
                            effectiveness and timeliness; and
                                (iii) optimize the collaboration between
                            local authorities, consumers, and providers,
                            including--
                                        (I) such State agency;
                                        (II) the State Long-Term Care
                                    Ombudsman;
                                        (III) local law enforcement
                                    agencies;
                                        (IV) advocacy and consumer
                                    organizations;
                                        (V) State aging units;
                                        (VI) Area Agencies on Aging; and
                                        (VII) other appropriate entities.
                        (C) Authorization.--There are authorized to be
                    appropriated to carry out this paragraph, for each of
                    fiscal years 2008 through 2011, $5,000,000.
                (3) Reporting of crimes and ensuring safety of residents
            when federally funded long-term care facilities close.--Part A
            of title XI of the Social Security Act (42 U.S.C. 1301 et seq.)
            is amended by adding at the end the following new sections:
    ``reporting to law enforcement of crimes occurring in federally funded
                           long-term care facilities
        ``Sec. 1150A.  (a) Determination and Notification.--
                ``(1) Determination.--The owner or operator of each long-
            term care facility that receives Federal funds under this Act
            shall annually determine whether the facility received at least
            $10,000 in such Federal funds during the preceding year.
                ``(2) Notification.--If the owner or operator determines
            under paragraph (1) that the facility received at least $10,000
            in such Federal funds during the preceding year, such owner or
            operator shall annually notify each covered individual (as
            defined in paragraph (3)) of that individual's obligation to
            comply with the reporting requirements described in subsection
            (b).
                ``(3) Covered individual defined.--In this section, the
            term `covered individual' means each individual who is an
            owner, operator, employee, manager, agent, or contractor of a
            long-term care facility that is the subject of a determination
            described in paragraph (1).
        ``(b) Reporting Requirements.--
                ``(1) In general.--Each covered individual shall report to
            the Secretary and 1 or more law enforcement entities for the
            political subdivision in which the facility is located any
            reasonable suspicion of a crime (as defined by the law of the
            applicable political subdivision) against any individual who is
            a resident of, or is receiving care from, the facility.
                ``(2) Timing.--If the events that cause the suspicion--
                        ``(A) result in serious bodily injury, the
                    individual shall report the suspicion immediately, but
                    not later than 2 hours after forming the suspicion; and
                        ``(B) do not result in serious bodily injury, the
                    individual shall report the suspicion not later than 24
                    hours after forming the suspicion.
        ``(c) Penalties.--
                ``(1) In general.--If a covered individual violates
            subsection (b)--
                        ``(A) the covered individual shall be subject to a
                    civil money penalty of not more than $200,000; or
                        ``(B) the Secretary shall classify the covered
                    individual as an excluded individual, for a period of
                    not more than 3 years.
                ``(2) Increased harm.--If a covered individual violates
            subsection (b) and the violation exacerbates the harm to the
            victim of the crime or results in harm to another individual--
                        ``(A) the covered individual shall be subject to a
                    civil money penalty of not more than $300,000; and
                        ``(B) the Secretary shall classify the covered
                    individual as an excluded individual, for a period of
                    not more than 3 years.
                ``(3) Excluded individual.--During any period for which a
            covered individual is classified as an excluded individual
            under paragraph (1)(B) or (2)(B), a long-term care facility
            that employs such individual shall be ineligible to receive
            Federal funds under this Act.
                ``(4) Extenuating circumstances.--
                        ``(A) In general.--The Secretary may take into
                    account the financial burden on providers with
                    underserved populations in determining any penalty to
                    be imposed under this subsection.
                        ``(B) Underserved population defined.--In this
                    paragraph, the term `underserved population' means the
                    population of an area designated by the Secretary as an
                    area with a shortage of elder justice programs or a
                    population group designated by the Secretary as having
                    a shortage of such programs. Such areas or groups
                    designated by the Secretary may include--
                                ``(i) areas or groups that are
                            geographically isolated (such as isolated in a
                            rural area);
                                ``(ii) racial and ethnic minority
                            populations; and
                                ``(iii) populations underserved because of
                            special needs (such as language barriers,
                            disabilities, alien status, or age).
        ``(d) Additional Penalties for Retaliation.--
                ``(1) In general.--A long-term care facility may not--
                        ``(A) discharge, demote, suspend, threaten, harass,
                    or deny a promotion or other employment-related benefit
                    to an employee, or in any other manner discriminate
                    against an employee in the terms and conditions of
                    employment because of lawful acts done by the employee;
                    or
                        ``(B) file a complaint or a report against a nurse
                    or other employee with the appropriate State
                    professional disciplinary agency because of lawful acts
                    done by the nurse or employee,
            for making a report, causing a report to be made, or for taking
            steps in furtherance of making a report pursuant to subsection
            (b)(1).
                ``(2) Penalties for retaliation.--If a long-term care
            facility violates subparagraph (A) or (B) of paragraph (1) the
            facility shall be subject to a civil money penalty of not more
            than $200,000 or the Secretary may classify the entity as an
            excluded entity for a period of 2 years pursuant to section
            1128(b), or both.
                ``(3) Requirement to post notice.--Each long-term care
            facility shall post conspicuously in an appropriate location a
            sign (in a form specified by the Secretary) specifying the
            rights of employees under this section. Such sign shall include
            a statement that an employee may file a complaint with the
            Secretary against a long-term care facility that violates the
            provisions of this subsection and information with respect to
            the manner of filing such a complaint.
        ``(e) Procedure.--The provisions of section 1128A (other than
    subsections (a) and (b) and the second sentence of subsection (f))
    shall apply to a civil money penalty under this section in the same
    manner as such provisions apply to a penalty or proceeding under
    section 1128A(a).
        ``(f) Definitions.--In this section, the terms `elder justice',
    `long-term care facility', and `law enforcement' have the meanings
    given those terms in section 2011.
      ``ensuring safety of residents when federally funded long-term care
                                facilities close
        ``Sec. 1150B.  (a) In General.--
                ``(1) Notification of facility closure.--Subject to
            paragraph (2), if the owner or operator determines under
            section 1150A(a)(1) that a long-term care facility received at
            least $10,000 in Federal funds under this Act during the
            preceding year, the owner or operator of the facility shall--
                        ``(A) submit to the Secretary and the appropriate
                    State regulatory agency written notification of an
                    impending closure not later than the date that is 60
                    days prior to the date of such closure;
                        ``(B) include in the notice a plan for the transfer
                    and adequate relocation of the residents of the
                    facility prior to closure, including assurances that
                    the residents will be transferred to the most
                    appropriate facility in terms of quality, services, and
                    location; and
                        ``(C) not later than 10 days after the facility
                    closure, submit to the Secretary and the appropriate
                    State agency information identifying where residents of
                    the closed facility were transferred and on what date.
                ``(2) Exception where the secretary has issued a
            termination notice.--In the case of a long-term care facility
            described in paragraph (1) for which the Secretary has issued a
            termination notice for the facility to close by not later than
            15 days after the issuance of such notice, the Secretary shall
            establish requirements for the notification, transfer, and
            adequate relocation of residents within an appropriate
            timeframe.
        ``(b) Sanctions.--Any person owning or operating a long-term care
    facility that fails to comply with the requirements of subsection (a)
    shall be subject to--
                ``(1) a civil monetary penalty of up to $1,000,000;
                ``(2) exclusion from participation in the programs under
            this Act (in accordance with the procedures of section 1128);
            and
                ``(3) any other applicable civil monetary penalties and
            assessments.
        ``(c) Procedure.--The provisions of section 1128A (other than
    subsections (a) and (b) and the second sentence of subsection (f))
    shall apply to a civil money penalty or assessment under this section
    in the same manner as such provisions apply to a penalty or proceeding
    under section 1128A(a).
        ``(d) Definition.--In this section, the term `long-term care
    facility' has the meaning given that term in section 2011.''.
                (4) Report to congress on pilot program for national and
            state background checks on direct patient access employees of
            long-term care facilities or providers.--Not later than the
            date that is 6 months after the completion of the pilot program
            for national and State background checks on direct patient
            access employees of long-term care facilities or providers
            established under section 307 of the Medicare Prescription
            Drug, Improvement, and Modernization Act of 2003 (42 U.S.C.
            1395aa note), the Secretary shall submit to the Committee on
            Finance of the Senate and the Committee on Ways and Means and
            the Committee on Energy and Commerce of the House of
            Representatives a report containing the results of the
            evaluation required under subsection (e) of such section of
            such Act, together with recommendations for such legislation
            and administrative action as the Secretary determines
            appropriate.
        (c) National Nurse Aide Registry.--
                (1) Definition of nurse aide.--In this subsection, the term
            ``nurse aide'' has the meaning given that term in sections
            1819(b)(5)(F) and 1919(b)(5)(F) of the Social Security Act (42
            U.S.C. 1395i-3(b)(5)(F); 1396r(b)(5)(F)).
                (2) Study and report.--
                        (A) In general.--The Secretary, in consultation
                    with appropriate government agencies and private sector
                    organizations, shall conduct a study on establishing a
                    national nurse aide registry.
                        (B) Areas evaluated.--The study conducted under
                    this subsection shall include an evaluation of--
                                (i) who should be included in the registry;
                                (ii) how such a registry would comply with
                            Federal and State privacy laws and regulations;
                                (iii) how data would be collected for the
                            registry;
                                (iv) what entities and individuals would
                            have access to the data collected;
                                (v) how the registry would provide
                            appropriate information regarding violations of
                            Federal and State law by individuals included
                            in the registry;
                                (vi) how the functions of a national nurse
                            aide registry would be coordinated with the
                            pilot program for national and State background
                            checks on direct patient access employees of
                            long-term care facilities or providers
                            established under section 307 of the Medicare
                            Prescription Drug, Improvement, and
                            Modernization Act of 2003 (Public Law 108-173);
                            and
                                (vii) how the information included in State
                            nurse aide registries developed and maintained
                            under sections 1819(e)(2) and 1919(e)(2) of the
                            Social Security Act (42 U.S.C. 1395i-3(e)(2);
                            1396r(e)(2)(2)) would be provided as part of a
                            national nurse aide registry.
                        (C) Considerations.--In conducting the study and
                    preparing the report required under this subsection,
                    the Secretary shall take into consideration the
                    findings and conclusions of relevant reports and other
                    relevant resources, including the following:
                                (i) The Department of Health and Human
                            Services Office of Inspector General Report,
                            Nurse Aide Registries: State Compliance and
                            Practices (February 2005).
                                (ii) The General Accounting Office (now
                            known as the Government Accountability Office)
                            Report, Nursing Homes: More Can Be Done to
                            Protect Residents from Abuse (March 2002).
                                (iii) The Department of Health and Human
                            Services Office of the Inspector General
                            Report, Nurse Aide Registries: Long-Term Care
                            Facility Compliance and Practices (July 2005).
                                (iv) The Department of Health and Human
                            Services Health Resources and Services
                            Administration Report, Nursing Aides, Home
                            Health Aides, and Related Health Care
                            Occupations--National and Local Workforce
                            Shortages and Associated Data Needs (2004)(in
                            particular with respect to chapter 7 and
                            appendix F).
                                (v) The 2001 Report to CMS from the School
                            of Rural Public Health, Texas A&M University,
                            Preventing Abuse and Neglect in Nursing Homes:
                            The Role of Nurse Aide Registries.
                                (vi) Information included in State nurse
                            aide registries developed and maintained under
                            sections 1819(e)(2) and 1919(e)(2) of the
                            Social Security Act (42 U.S.C. 1395i-3(e)(2);
                            1396r(e)(2)(2)).
                        (D) Report.--Not later than 18 months after the
                    date of enactment of this Act, the Secretary shall
                    submit a report to the Elder Justice Coordinating
                    Council, the Committee on Finance of the Senate, and
                    the Committee on Ways and Means and the Committee on
                    Energy and Commerce of the House of Representatives
                    containing the findings and recommendations of the
                    study conducted under this paragraph.
                        (E) Funding limitation.--Funding for the study
                    conducted under this subsection shall not exceed
                    $500,000.
                (3) Congressional action.--After receiving the report
            submitted by the Secretary under paragraph (2)(D), the
            Committee on Finance of the Senate and the Committee on Ways
            and Means and the Committee on Energy and Commerce of the House
            of Representatives shall, as they deem appropriate, take action
            based on the recommendations contained in the report.
                (4) Authorization of appropriations.--There are authorized
            to be appropriated such sums as are necessary for the purpose
            of carrying out this subsection.
        (d) Conforming Amendments.--
                (1) Title xx.--Title XX of the Social Security Act (42
            U.S.C. 1397 et seq.), as amended by section 102(a), is
            amended--
                        (A) in the heading of section 2001, by striking
                    ``title'' and inserting ``part''; and
                        (B) in part A, by striking ``this title'' each
                    place it appears and inserting ``this part''.
                (2) Title iv.--Title IV of the Social Security Act (42
            U.S.C. 601 et seq.) is amended--
                        (A) in section 404(d)--
                                (i) in paragraph (1)(A), by striking
                            ``Title'' and inserting ``Part A of title'';
                                (ii) in paragraphs (2)(A) and (3)(B), by
                            inserting ``part A of'' before ``title XX''
                            each place it appears;
                                (iii) in the heading of paragraph (2), by
                            inserting ``part a of'' before ``title xx'';
                            and
                                (iv) in the heading of paragraph (3)(B), by
                            inserting ``part a of'' before ``title xx'';
                            and
                        (B) in sections 422(b), 471(a)(4), 472(h)(1), and
                    473(b)(2), by inserting ``part A of'' before ``title
                    XX'' each place it appears.
                (3) Title xi.--Title XI of the Social Security Act (42
            U.S.C. 1301 et seq.) is amended--
                        (A) in section 1128(h)(3)--
                                (i) by inserting ``part A of'' before
                            ``title XX''; and
                                (ii) by striking ``such title'' and
                            inserting ``such part''; and
                        (B) in section 1128A(i)(1), by inserting ``part A
                    of'' before ``title XX''.

                        TITLE II--DEPARTMENT OF JUSTICE

    SEC. 201. MODEL STATE LAWS AND PRACTICES.

        (a) In General.--The Attorney General, after consultation with the
    Secretary of Health and Human Services, shall carry out the following
    duties:
                (1) Study.--Conduct a study of State laws and practices
            relating to elder abuse, neglect, and exploitation.
                (2) Report to elder justice resource center.--Prepare and
            submit a report or periodic reports containing the findings of
            the study conducted under paragraph (1) to the Elder Justice
            Coordinating Council and the Advisory Board of Elder Abuse,
            Neglect, and Exploitation (established under Title XX of the
            Social Security Act (42 U.S.C. 1397 et seq.), as amended by
            this Act). Such report or reports shall be made available to
            the public.
                (3) Report to congress.--Not later than 2 years after the
            date of enactment of this Act, submit to the Chairman and
            Ranking Member of the Special Committee on Aging of the Senate,
            and the Speaker and Minority leader of the House of
            Representatives, a report that contains--
                        (A) a comprehensive description of State laws and
                    practices relating to elder abuse, neglect, and
                    exploitation;
                        (B) a comprehensive analysis of the effectiveness
                    of such State laws and practices; and
                        (C) recommendations--
                                (i) for model State laws and practices
                            relating to elder abuse, neglect, and
                            exploitation; and
                                (ii) with respect to the definitions
                            referred to in subsection (b)(1).
        (b) State Laws and Practices.--In conducting the study under
    subsection (a), the Attorney General shall examine State laws and
    practices on issues including--
                (1) the definition of--
                        (A) ``elder'';
                        (B) ``abuse'';
                        (C) ``neglect'';
                        (D) ``exploitation''; and
                        (E) such related terms the Attorney General
                    determines to be appropriate;
                (2) mandatory reporting laws, with respect to--
                        (A) who is a mandated reporter;
                        (B) to whom must they report and within what time
                    frame; and
                        (C) any consequences for not reporting;
                (3) evidentiary, procedural, sentencing, choice of
            remedies, and data retention issues relating to pursuing cases
            relating to elder abuse, neglect, and exploitation;
                (4) laws requiring immediate reporting of all nursing home
            deaths to the county coroner or to some other individual or
            entity;
                (5) fiduciary laws, including guardianship and power of
            attorney laws;
                (6) laws that permit or encourage banks and bank employees
            to prevent and report suspected elder abuse, neglect, and
            exploitation;
                (7) laws that may impede research on elder abuse, neglect,
            and exploitation;
                (8) practices relating to the enforcement of laws relating
            to elder abuse, neglect, and exploitation; and
                (9) practices relating to other aspects of elder justice.
        (c) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section--
                (1) $1,000,000 for fiscal year 2008; and
                (2) $2,000,000 for each of the fiscal years 2009 through
            2014.

    SEC. 202. ELDER JUSTICE PLAN AND STRATEGY.

        (a) Duties of the Attorney General.--The Attorney General shall--
                (1) develop objectives, priorities, policies, and a long-
            term plan for elder justice programs and activities relating to
            prevention, detection, training, treatment, evaluation,
            intervention, research, and improvement of the elder justice
            system in the United States;
                (2) implement the overall policies and a strategy to carry
            out the plan described in paragraph (1);
                (3) hire personnel to assist in carrying out the policies,
            programs, and administrative activities related to the duties
            under paragraphs (1) and (2); and
                (4) coordinate activities with the Elder Justice
            Coordinating Council and the Advisory Board of Elder Abuse,
            Neglect, and Exploitation (established under Title XX of the
            Social Security Act (42 U.S.C. 1397 et seq.), as amended by
            this Act).
        (b) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section $3,000,000 for each of the
    fiscal years 2008 through 2014.

    SEC. 203. VICTIM ADVOCACY GRANTS.

        (a) Grants Authorized.--The Attorney General, after consultation
    with the Secretary of Health and Human Services, may award grants to
    eligible entities to study the special needs of victims of elder abuse,
    neglect, and exploitation.
        (b) Authorized Activities.--Funds awarded pursuant to subsection
    (a) shall be used for pilot programs that--
                (1) develop programs, provide training to health care,
            social, and protective services providers, law enforcement,
            fiduciaries (including guardians), judges and court personnel,
            and victim advocates; and
                (2) examine special approaches designed to meet the needs
            of victims of elder abuse, neglect, and exploitation.
        (c) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section--
                (1) $2,500,000 for fiscal year 2008; and
                (2) $3,000,000 for each of the fiscal years 2009 through
            2014.

    SEC. 204. SUPPORTING LOCAL PROSECUTORS IN ELDER JUSTICE MATTERS.

        (a) Grants Authorized.--The Attorney General, after consultation
    with the Secretary of Health and Human Services, shall award grants to
    provide training, technical assistance, policy development,
    multidisciplinary coordination, and other types of support to local
    prosecutors handling elder justice-related cases, including--
                (1) funding specially designated elder justice positions or
            units; or
                (2) funding the creation of a Center for the Prosecution of
            Elder Abuse, Neglect, and Exploitation by the American
            Prosecutor Research Institute of the National District
            Attorneys Association, or any other similarly situated entity,
            to advise and support local prosecutors nationwide in their
            pursuit of cases involving elder abuse, neglect, and
            exploitation.
        (b) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section--
                (1) $3,000,000 for fiscal year 2008; and
                (2) $4,00,000 for each of the fiscal years 2009 through
            2014.

    SEC. 205. SUPPORTING STATE PROSECUTORS IN ELDER JUSTICE MATTERS.

        (a) In General.--The Attorney General shall, after consultation
    with the Secretary of Health and Human Services, award grants to
    provide training, technical assistance, multidisciplinary coordination,
    policy development, and other types of support to State prosecutors,
    including employees of State Attorneys General and Medicaid Fraud
    Control Units handling elder justice-related matters.
        (b) Creating Specialized Positions.--Grants under this section may
    be made for--
                (1) the establishment of specially designated elder justice
            positions or units; or
                (2) the creation of a position to coordinate elder justice-
            related cases, training, technical assistance, and policy
            development for State prosecutors, by the National Association
            of Attorneys General or any other similarly situated entity.
        (c) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section--
                (1) $3,000,000 for fiscal year 2008; and
                (2) $4,000,000 for each of the fiscal years 2009 through
            2014.

    SEC. 206. INCREASED SUPPORT FOR FEDERAL CASES INVOLVING ELDER JUSTICE.

        (a) Support and Assistance.--
                (1) In general.--The Attorney General shall establish
            procedures to ensure that the Department of Justice dedicates
            resources to investigating and prosecuting cases relating to
            elder justice.
                (2) Additional staff.--The Attorney General shall hire
            additional Federal prosecutors and make funding available to
            Federal prosecutors to hire nurse-investigators or other
            experts needed to identify, assist with, or pursue cases
            relating to elder justice.
                (3) Resource group.--The Attorney General may fund, through
            the Executive Office of United States Attorneys, a Resource
            Group to assist prosecutors throughout the Nation in
            investigating and prosecuting failure of care and other cases
            relating to elder justice matters.
        (b) Office of Inspector General.--The Office of Inspector General
    of the Department of Health and Human Services shall hire nurse-
    investigators and other experts to investigate and pursue failure of
    care allegations.
        (c) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section--
                (1) $3,000,000 for fiscal year 2008; and
                (2) $4,000,000 for each of the fiscal years 2009 through
            2014.

    SEC. 207. SUPPORTING LAW ENFORCEMENT IN ELDER JUSTICE MATTERS.

        (a) In General.--The Attorney General shall, after consultation
    with the Secretary of Health and Human Services, award grants to
    provide training, technical assistance, multidisciplinary coordination,
    policy development, and other types of support to police, sheriffs,
    detectives, public safety officers, corrections personnel, and other
    front line law enforcement responders who handle elder justice-related
    matters, to fund specially designated elder justice positions or units
    designed to support front line law enforcement in elder justice
    matters.
        (b) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section--
                (1) $6,000,000 for fiscal year 2008; and
                (2) $8,000,000 for each of the fiscal years 2009 through
            2014.

    SEC. 208. EVALUATIONS.

        (a) Grants Under This Title.--
                (1) In general.--In carrying out the grant programs under
            this title, the Attorney General shall--
                        (A) require each recipient of a grant to use a
                    portion of the funds made available through the grant
                    to conduct a validated evaluation of the effectiveness
                    of the activities carried out through the grant by such
                    recipient; or
                        (B) as the Attorney General considers appropriate,
                    use a portion of the funds available under this title
                    for a grant program under this title to provide
                    assistance to an eligible entity to conduct a validated
                    evaluation of the effectiveness of the activities
                    carried out through such grant program by each of the
                    grant recipients.
                (2) Applications.--
                        (A) Submission.--To be eligible to receive a grant
                    under this title, an entity shall submit an application
                    to the Attorney General at such time, in such manner,
                    and containing such information as the Attorney General
                    may require, which shall include--
                                (i) a proposal for the evaluation required
                            in accordance with paragraph (1)(A); and
                                (ii) the amount of assistance under
                            paragraph (1)(B) the entity is requesting, if
                            any.
                        (B) Review and assistance.--
                                (i) In general.--An employee of the
                            Department of Justice, after consultation with
                            an employee of the Department of Health and
                            Human Services and a nongovernmental member of
                            the Advisory Board of Elder Abuse, Neglect, and
                            Exploitation (established under Title XX of the
                            Social Security Act (42 U.S.C. 1397 et seq.),
                            as amended by this Act) with expertise in
                            evaluation methodology, shall review each
                            application described in subparagraph (A) and
                            determine whether the methodology described in
                            the proposal under subparagraph (A)(i) is
                            adequate to gather meaningful information.
                                (ii) Denial.--If the reviewing employee
                            determines the methodology described in such
                            proposal is inadequate, the reviewing employee
                            shall recommend that the Attorney General deny
                            the application for the grant, or make
                            recommendations for how the application should
                            be amended.
                                (iii) Notice to applicant.--If the Attorney
                            General denies the application on the basis of
                            such proposal, the Attorney General shall
                            inform the applicant of the reasons the
                            application was denied, and offer assistance to
                            the applicant in modifying the proposal.
        (b) Other Grants.--The Attorney General shall make grants to
    appropriate entities to conduct validated evaluations of grant
    activities to reduce elder abuse, neglect, and exploitation that are
    funded by Federal funds not provided under this title.
        (c) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section $7,000,000 for each of the
    fiscal years 2008 through 2014.

                           TITLE III--TAX PROVISIONS

    SEC. 301. LONG-TERM CARE FACILITY WORKER EMPLOYMENT TAX CREDIT.

        (a) Work Opportunity Tax Credit.--
                (1) In general.--Section 51(d)(1) of the Internal Revenue
            Code of 1986 (relating to members of targeted groups) is
            amended by striking ``or'' at the end of subparagraph (H), by
            striking the period at the end of subparagraph (I) and
            inserting ``or'', and by adding at the end the following:
                        ``(J) a qualified long-term care facility
                    worker.''.
                (2) Qualified long-term care facility worker.--Section
            51(d) of such Code is amended by redesignating paragraphs (11)
            through (13) as paragraphs (12) through (15), respectively, and
            by inserting after paragraph (10) the following:
                ``(11) Qualified long-term care facility worker.--The term
            `qualified long-term care facility worker' means any individual
            who--
                        ``(A) is hired by a long-term care facility (as
                    defined in paragraph (18) of section 2201 of the Social
                    Security Act); and
                        ``(B) is certified by the designated local agency
                    as being qualified to provide long-term care (as
                    defined in paragraph (17) of such section 2201).''.
        (b) Effective Date.--The amendments made by subsection (a) shall
    apply to individuals who begin work for an employer after the date of
    the enactment of this Act.

        Mr. Scott. Each year in the United States, between 500,000
    to 5 million elders are abused, neglected or exploited. And
    experts agree that most cases are never reported. Data
    collected on the problem is minimal, and there has been no
    comprehensive national approach to solving many of the
    problems.
        These problems likely will increase in the next 30 years,
    as 76 million baby boomers approach retirement. Yet despite the
    disturbing trend, funding to combat elder abuse is minimal and
    diminishing. The Elder Justice Coalition reports that of all
    the Federal funds spent on abuse prevention, less than 2
    percent is spent on elder abuse.
        Funding of the State Adult Protective Services varies from
    state to state and from year to year and is inadequate to
    address the problem of elder abuse. The Social Services Block
    Grant from which states can choose to fund Adult Protective
    Services has suffered more than $1 billion in funding cuts over
    the last few years.
        Investigating elder abuse is not easy, and some of the
    solutions must be in the nature of legislation. In 1986, when I
    was a member of the Virginia State Senate, the state of
    Virginia passed a bill that addressed the problem of denial of
    access to elderly people who were suspected victims of abuse.
        The Virginia state law required a protective services
    employee to visit any person who was reported to be a victim of
    abuse. Adult Protective Service employees would attempt to
    visit the person, only to be denied entry to the home and
    access to the suspected victim often by the very abuser.
        The bill established a process in allowing the Adult
    Protective Service worker to petition a circuit court for an
    order allowing access, entry or both, based on the standard of
    good cause, which is significantly lower than the traditional
    probable cause standard.
        Today, we seek to do our part in addressing the serious
    problem of elder abuse. The Elder Justice Act provides a
    comprehensive, multi-disciplinary approach to preventing and
    combating elder abuse, neglect and exploitation, while enabling
    states and communities to run programs that best serve their
    needs.
        It establishes a national Elder Justice Coordinating
    Council, an advisory board on elder abuse, neglect and
    exploitation. It starts the critically needed process of
    researching state practices and collecting national data on the
    problem.
        The act authorizes grant monies in all areas of elder
    abuse, beginning with the prevention of abuse. It provides
    critically needed money to state and local Adult Protective
    Services and helps long-term care facilities to recruit, train
    and retain competent employees. It provides grants to assist in
    investigation and prosecution of elder abuse.
        H.R. 5352, sponsored by the gentleman from Pennsylvania,
    Mr. Sestak, shares the goals of H.R. 1783, but focuses on the
    enforcement mechanisms to prosecute abuse and attain justice
    for victims. It requires the attorney general to study and
    report to Congress on state laws and practices relating to
    elder abuse, neglect and exploitation.
        [The text of the bill, H.R. 5352, follows:]

    HR 5352 IH  ___________________________________________________

                                                                          I
    110th CONGRESS
        2d Session

                                    H. R. 5352

    To protect seniors in the United States from elder abuse by
        establishing specialized elder abuse prosecution and research
        programs and activities to aid victims of elder abuse, to provide
        training to prosecutors and other law enforcement related to elder
        abuse prevention and protection, and for other purposes.
                                   __________
                        IN THE HOUSE OF REPRESENTATIVES
                               February 12, 2008
    Mr. Sestak introduced the following bill; which was referred to the
        Committee on the Judiciary, and in addition to the Committee on
        Ways and Means, for a period to be subsequently determined by the
        Speaker, in each case for consideration of such provisions as fall
        within the jurisdiction of the committee concerned
                                   __________

                                     A BILL

    To protect seniors in the United States from elder abuse by
        establishing specialized elder abuse prosecution and research
        programs and activities to aid victims of elder abuse, to provide
        training to prosecutors and other law enforcement related to elder
        abuse prevention and protection, 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 ``Elder Abuse Victims Act of 2008''.

    SEC. 2. MODEL STATE LAWS AND PRACTICES.

        (a) In General.--Subject to the availability of appropriations to
    carry out this section, the Attorney General, after consultation with
    the Secretary of Health and Human Services, shall carry out the
    following duties:
                (1) Study.--Conduct a study of State laws and practices
            relating to elder abuse, neglect, and exploitation.
                (2) Report to elder justice coordinating council and the
            advisory board of elder abuse, neglect, and exploitation.--
            Prepare and submit a report or periodic reports containing the
            findings of the study conducted under paragraph (1) to the
            Elder Justice Coordinating Council and the Advisory Board of
            Elder Abuse, Neglect, and Exploitation (established under title
            XX of the Social Security Act (42 U.S.C. 1397 et seq.), as
            amended by this Act). Such report or reports shall be made
            available to the public.
                (3) Report to congress.--Not later than 2 years after the
            date of enactment of this Act, submit to the chairman and
            ranking member of the Special Committee on Aging of the Senate,
            and the Speaker and minority leader of the House of
            Representatives, a report that contains--
                        (A) a comprehensive description of State laws and
                    practices relating to elder abuse, neglect, and
                    exploitation;
                        (B) a comprehensive analysis of the effectiveness
                    of such State laws and practices; and
                        (C) recommendations--
                                (i) for model State laws and practices
                            relating to elder abuse, neglect, and
                            exploitation; and
                                (ii) with respect to the definitions
                            referred to in subsection (b)(1).
        (b) State Laws and Practices.--In conducting the study under
    subsection (a)(1), the Attorney General shall examine State laws and
    practices on issues including--
                (1) the definition of--
                        (A) ``elder'';
                        (B) ``abuse'';
                        (C) ``neglect'';
                        (D) ``exploitation''; and
                        (E) any related terms the Attorney General
                    determines to be appropriate;
                (2) mandatory reporting laws with respect to elder abuse,
            neglect, and exploitation, including--
                        (A) who is a mandated reporter;
                        (B) to whom must a mandated reporter report, and
                    within what time frame; and
                        (C) any consequences for not reporting;
                (3) evidentiary, procedural, sentencing, choice of
            remedies, and data retention issues relating to pursuing cases
            relating to elder abuse, neglect, and exploitation;
                (4) laws requiring immediate reporting of all nursing home
            deaths to the county coroner or to one or more other
            individuals or entities;
                (5) fiduciary laws, including guardianship and power of
            attorney laws;
                (6) laws that permit or encourage banks and bank employees
            to prevent and report suspected elder abuse, neglect, and
            exploitation;
                (7) laws that may impede research on elder abuse, neglect,
            and exploitation;
                (8) practices relating to the enforcement of laws relating
            to elder abuse, neglect, and exploitation; and
                (9) practices relating to other aspects of elder justice.
        (c) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section--
                (1) $1,000,000 for fiscal year 2009; and
                (2) $2,000,000 for each of the fiscal years 2010 through
            2015.

    SEC. 3. ELDER JUSTICE PLAN AND STRATEGY.

        (a) Duties of the Attorney General.--Subject to the availability of
    appropriations under this section, the Attorney General shall--
                (1) develop objectives, priorities, policies, and a long-
            term plan for elder justice programs and activities relating to
            prevention, detection, training, treatment, evaluation,
            intervention, research, and improvement of the elder justice
            system in the United States;
                (2) implement the overall policies and a strategy to carry
            out the plan described in paragraph (1);
                (3) hire personnel to assist in carrying out the policies,
            programs, and administrative activities related to the duties
            under paragraphs (1) and (2); and
                (4) coordinate activities with the Elder Justice
            Coordinating Council and the Advisory Board of Elder Abuse,
            Neglect, and Exploitation (established under title XX of the
            Social Security Act (42 U.S.C. 1397 et seq.), as amended by
            this Act).
        (b) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section $3,000,000 for each of the
    fiscal years 2009 through 2015.

    SEC. 4. VICTIM ADVOCACY GRANTS.

        (a) Grants Authorized.--The Attorney General, after consultation
    with the Secretary of Health and Human Services, may award grants to
    eligible entities to study the special needs of victims of elder abuse,
    neglect, and exploitation.
        (b) Authorized Activities.--Funds awarded pursuant to subsection
    (a) shall be used for pilot programs that--
                (1) develop programs, provide training to health care,
            social, and protective services providers, law enforcement,
            fiduciaries (including guardians), judges and court personnel,
            and victim advocates; and
                (2) examine special approaches designed to meet the needs
            of victims of elder abuse, neglect, and exploitation.
        (c) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section--
                (1) $2,500,000 for fiscal year 2009; and
                (2) $3,000,000 for each of the fiscal years 2010 through
            2015.

    SEC. 5. SUPPORTING LOCAL PROSECUTORS IN ELDER JUSTICE MATTERS.

        (a) Grants Authorized.--Subject to the availability of
    appropriations under this section, the Attorney General, after
    consultation with the Secretary of Health and Human Services, shall
    award grants to provide training, technical assistance, policy
    development, multidisciplinary coordination, and other types of support
    to local prosecutors handling elder justice-related cases, including--
                (1) funding specially designated elder justice positions or
            units; or
                (2) funding the creation of a Center for the Prosecution of
            Elder Abuse, Neglect, and Exploitation by the American
            Prosecutor Research Institute of the National District
            Attorneys Association, or any other similarly situated entity,
            to advise and support local prosecutors nationwide in their
            pursuit of cases involving elder abuse, neglect, and
            exploitation.
        (b) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section--
                (1) $3,000,000 for fiscal year 2009; and
                (2) $4,000,000 for each of the fiscal years 2010 through
            2015.

    SEC. 6. SUPPORTING STATE PROSECUTORS IN ELDER JUSTICE MATTERS.

        (a) In General.--Subject to the availability of appropriations
    under this section, the Attorney General, after consultation with the
    Secretary of Health and Human Services, shall award grants to provide
    training, technical assistance, multidisciplinary coordination, policy
    development, and other types of support to State prosecutors, including
    employees of State Attorneys General and Medicaid Fraud Control Units
    handling elder justice-related matters.
        (b) Creating Specialized Positions.--Grants under this section may
    be made for--
                (1) the establishment of specially designated elder justice
            positions or units; or
                (2) the creation of a position to coordinate elder justice-
            related cases, training, technical assistance, and policy
            development for State prosecutors, by the National Association
            of Attorneys General or any other similarly situated entity.
        (c) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section--
                (1) $3,000,000 for fiscal year 2009; and
                (2) $4,000,000 for each of the fiscal years 2010 through
            2015.

    SEC. 7. INCREASED SUPPORT FOR FEDERAL CASES INVOLVING ELDER JUSTICE.

        (a) Support and Assistance.--
                (1) In general.--The Attorney General shall establish
            procedures to ensure that the Department of Justice dedicates
            resources to investigating and prosecuting cases relating to
            elder justice.
                (2) Additional staff.--Subject to the availability of
            appropriations under this section, the Attorney General shall
            hire additional Federal prosecutors and make funding available
            to Federal prosecutors to hire nurse-investigators or other
            experts needed to identify, assist with, or pursue cases
            relating to elder justice.
                (3) Resource group.--The Attorney General may fund, through
            the Executive Office of United States Attorneys, a resource
            group to assist prosecutors throughout the Nation in
            investigating and prosecuting cases relating to failure of care
            and other elder justice matters.
        (b) Office of Inspector General.--Subject to the availability of
    appropriations under this section, the Office of Inspector General of
    the Department of Health and Human Services shall hire nurse-
    investigators and other experts to investigate and pursue failure of
    care allegations.
        (c) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section--
                (1) $3,000,000 for fiscal year 2009; and
                (2) $4,000,000 for each of the fiscal years 2010 through
            2015.

    SEC. 8. SUPPORTING LAW ENFORCEMENT IN ELDER JUSTICE MATTERS.

        (a) In General.--Subject to the availability of appropriations
    under this section, the Attorney General, after consultation with the
    Secretary of Health and Human Services, shall award grants to provide
    training, technical assistance, multidisciplinary coordination, policy
    development, and other types of support to police, sheriffs,
    detectives, public safety officers, corrections personnel, and other
    first responders who handle elder justice-related matters, to fund
    specially designated elder justice positions or units designed to
    support first responders in elder justice matters.
        (b) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section--
                (1) $6,000,000 for fiscal year 2009; and
                (2) $8,000,000 for each of the fiscal years 2010 through
            2015.

    SEC. 9. EVALUATIONS.

        (a) Grants Under This Act.--
                (1) In general.--In carrying out the grant programs under
            this Act, the Attorney General shall--
                        (A) require each recipient of a grant to use a
                    portion of the funds made available through the grant
                    to conduct a validated evaluation of the effectiveness
                    of the activities carried out through the grant by such
                    recipient; or
                        (B) as the Attorney General considers appropriate,
                    use a portion of the funds available under this Act for
                    a grant program under this Act to provide assistance to
                    an eligible entity to conduct a validated evaluation of
                    the effectiveness of the activities carried out through
                    such grant program by each of the grant recipients.
                (2) Applications.--
                        (A) Submission.--To be eligible to receive a grant
                    under this Act, an entity shall submit an application
                    to the Attorney General at such time, in such manner,
                    and containing such information as the Attorney General
                    may require, which shall include--
                                (i) a proposal for the evaluation required
                            in accordance with paragraph (1)(A); and
                                (ii) the amount of assistance under
                            paragraph (1)(B) the entity is requesting, if
                            any.
                        (B) Review and assistance.--
                                (i) In general.--An employee of the
                            Department of Justice, after consultation with
                            an employee of the Department of Health and
                            Human Services and a nongovernmental member of
                            the Advisory Board of Elder Abuse, Neglect, and
                            Exploitation (established under title XX of the
                            Social Security Act (42 U.S.C. 1397 et seq.),
                            as amended by this Act) with expertise in
                            evaluation methodology, shall review each
                            application described in subparagraph (A) and
                            determine whether the methodology described in
                            the proposal under subparagraph (A)(I) is
                            adequate to gather meaningful information.
                                (ii) Denial.--If the reviewing employee
                            determines the methodology described in such
                            proposal is inadequate, the reviewing employee
                            shall recommend that the Attorney General deny
                            the application for the grant, or make
                            recommendations for how the application should
                            be amended.
                                (iii) Notice to applicant.--If the Attorney
                            General denies the application on the basis of
                            such proposal, the Attorney General shall
                            inform the applicant of the reasons the
                            application was denied, and offer assistance to
                            the applicant in modifying the proposal.
        (b) Other Grants.--Subject to the availability of appropriations
    under this section, the Attorney General shall award grants to
    appropriate entities to conduct validated evaluations of grant
    activities that are funded by Federal funds not provided under this Act
    to reduce elder abuse, neglect, and exploitation.
        (c) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section $7,000,000 for each of the
    fiscal years 2009 through 2015.

    SEC. 10. ELDER JUSTICE.

        (a) Elder Justice.--
                (1) In general.--Title XX of the Social Security Act (42
            U.S.C. 1397 et seq.) is amended--
                        (A) in the title heading, by inserting ``AND ELDER
                    JUSTICE'' after ``SOCIAL SERVICES'';
                        (B) by inserting before section 2001 the following:

            ``PART A--BLOCK GRANTS TO STATES FOR SOCIAL SERVICES'';

                    and
                        (C) by adding at the end the following:

                            ``PART B--ELDER JUSTICE

    ``SEC. 2011. DEFINITIONS.

        ``In this part:
                ``(1) Abuse.--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) Caregiver.--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) Elder.--The term `elder' means an individual age 60
            or older.
                ``(4) Elder justice.--The term `elder justice' means--
                        ``(A) from a societal perspective, efforts to--
                                ``(i) prevent, detect, treat, intervene in,
                            and prosecute elder abuse, neglect, and
                            exploitation; and
                                ``(ii) protect elders with diminished
                            capacity while maximizing their autonomy; and
                        ``(B) from an individual perspective, the
                    recognition of an elder's rights, including the right
                    to be free of abuse, neglect, and exploitation.
                ``(5) Exploitation.--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) Fiduciary.--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) Guardianship.--The term `guardianship' means--
                        ``(A) the process by which a State court determines
                    that an adult individual lacks capacity to make
                    decisions about self-care and property, and appoints
                    another individual or entity known as a guardian, as a
                    conservator, or by a similar term, as a surrogate
                    decisionmaker;
                        ``(B) the manner in which the court-appointed
                    surrogate decisionmaker carries out duties to the
                    individual and the court; or
                        ``(C) the manner in which the court exercises
                    oversight of the surrogate decisionmaker.
                ``(8) Long-term care.--
                        ``(A) In general.--The term `long-term care' means
                    supportive and health services specified by the
                    Secretary for individuals who need assistance because
                    the individuals have a loss of capacity for self-care
                    due to illness, disability, or vulnerability.
                        ``(B) Loss of capacity for self-care.--For purposes
                    of subparagraph (A), the term `loss of capacity for
                    self-care' means an inability to engage in 1 or more
                    activities of daily living, including eating, dressing,
                    bathing, and management of one's financial affairs.
                ``(9) Neglect.--The term `neglect' means--
                        ``(A) the failure of a caregiver or fiduciary to
                    provide the goods or services that are necessary to
                    maintain the health or safety of an elder; or
                        ``(B) self-neglect.
                ``(10) Self-neglect.--The term `self-neglect' means an
            adult's inability, due to physical or mental impairment or
            diminished capacity, to perform essential self-care tasks
            including--
                        ``(A) obtaining essential food, clothing, shelter,
                    and medical care;
                        ``(B) obtaining goods and services necessary to
                    maintain physical health, mental health, or general
                    safety; or
                        ``(C) managing one's own financial affairs.

    ``SEC. 2012. GENERAL PROVISIONS.

        ``(a) Protection of Privacy.--In pursuing activities under this
    part, the Secretary shall ensure the protection of individual health
    privacy consistent with the regulations promulgated under section
    264(c) of the Health Insurance Portability and Accountability Act of
    1996 and applicable State and local privacy regulations.
        ``(b) Rule of Construction.--Nothing in this part shall be
    construed to interfere with or abridge an elder's right to practice his
    or her religion through reliance on prayer alone for healing when this
    choice--
                ``(1) is contemporaneously expressed, either orally or in
            writing, with respect to a specific illness or injury which the
            elder has at the time of the decision by an elder who is
            competent at the time of the decision;
                ``(2) is previously set forth in a living will, health care
            proxy, or other advance directive document that is validly
            executed and applied under State law; or
                ``(3) may be unambiguously deduced from the elder's life
            history.

    ``SEC. 2013. ELDER JUSTICE COORDINATING COUNCIL.

        ``(a) Establishment.--There is established within the Office of the
    Secretary an Elder Justice Coordinating Council (in this section
    referred to as the `Council').
        ``(b) Membership.--
                ``(1) In general.--The Council shall be composed of the
            following members:
                        ``(A) The Secretary (or the Secretary's designee).
                        ``(B) The Attorney General (or the Attorney
                    General's designee).
                        ``(C) The head of each Federal department or agency
                    or other governmental entity identified by the Chair
                    referred to in subsection (d) as having
                    responsibilities, or administering programs, relating
                    to elder abuse, neglect, and exploitation.
                ``(2) Requirement.--Each member of the Council shall be an
            officer or employee of the Federal Government.
        ``(c) Vacancies.--Any vacancy in the Council shall not affect its
    powers, but shall be filled in the same manner as the original
    appointment was made.
        ``(d) Chair.--The member described in subsection (b)(1)(A) shall be
    Chair of the Council.
        ``(e) Meetings.--The Council shall meet at least 2 times per year,
    as determined by the Chair.
        ``(f) Duties.--
                ``(1) In general.--The Council shall make recommendations
            to the Secretary for the coordination of activities of the
            Department of Health and Human Services, the Department of
            Justice, and other relevant Federal, State, local, and private
            agencies and entities, relating to elder abuse, neglect, and
            exploitation and other crimes against elders.
                ``(2) Report.--Not later than the date that is 2 years
            after the date of enactment of the Elder Abuse Victims Act of
            2008 and every 2 years thereafter, the Council shall submit to
            the Committee on Finance of the Senate and the Committee on
            Ways and Means and the Committee on Energy and Commerce of the
            House of Representatives a report that--
                        ``(A) describes the activities and accomplishments
                    of, and challenges faced by--
                                ``(i) the Council; and
                                ``(ii) the entities represented on the
                            Council; and
                        ``(B) makes such recommendations for legislation,
                    model laws, or other action as the Council determines
                    to be appropriate.
        ``(g) Powers of the Council.--
                ``(1) Information from federal agencies.--Subject to the
            requirements of section 2012(a), the Council may secure
            directly from any Federal department or agency such information
            as the Council considers necessary to carry out this section.
            Upon request of the Chair of the Council, the head of such
            department or agency shall furnish such information to the
            Council.
                ``(2) Postal services.--The Council may use the United
            States mails in the same manner and under the same conditions
            as other departments and agencies of the Federal Government.
        ``(h) Travel Expenses.--The members of the Council shall not
    receive compensation for the performance of services for the Council.
    The members shall be allowed travel expenses, including per diem in
    lieu of subsistence, at rates authorized for employees of agencies
    under subchapter I of chapter 57 of title 5, United States Code, while
    away from their homes or regular places of business in the performance
    of services for the Council. Notwithstanding section 1342 of title 31,
    United States Code, the Secretary may accept the voluntary and
    uncompensated services of the members of the Council.
        ``(i) Detail of Government Employees.--Any Federal Government
    employee may be detailed to the Council without reimbursement, and such
    detail shall be without interruption or loss of civil service status or
    privilege.
        ``(j) Status as Permanent Council.--Section 14 of the Federal
    Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council.

    ``SEC. 2014. ADVISORY BOARD ON ELDER ABUSE, NEGLECT, AND EXPLOITATION.

        ``(a) Establishment.--There is established a board to be known as
    the `Advisory Board on Elder Abuse, Neglect, and Exploitation' (in this
    section referred to as the `Advisory Board') to create short- and long-
    term multidisciplinary strategic plans for the development of the field
    of elder justice and to make recommendations to the Elder Justice
    Coordinating Council established under section 2013.
        ``(b) Composition.--The Advisory Board shall be composed of 27
    members appointed by the Secretary from among members of the general
    public who are individuals with experience and expertise in elder
    abuse, neglect, and exploitation prevention, detection, treatment,
    intervention, or prosecution.
        ``(c) Solicitation of Nominations.--The Secretary shall publish a
    notice in the Federal Register soliciting nominations for the
    appointment of members of the Advisory Board under subsection (b).
        ``(d) Terms.--
                ``(1) In general.--Each member of the Advisory Board shall
            be appointed for a term of 3 years, except that, of the members
            first appointed--
                        ``(A) 9 shall be appointed for a term of 3 years;
                        ``(B) 9 shall be appointed for a term of 2 years;
                    and
                        ``(C) 9 shall be appointed for a term of 1 year.
                ``(2) Vacancies.--
                        ``(A) In general.--Any vacancy on the Advisory
                    Board shall not affect its powers, but shall be filled
                    in the same manner as the original appointment was
                    made.
                        ``(B) Filling unexpired term.--An individual chosen
                    to fill a vacancy shall be appointed for the unexpired
                    term of the member replaced.
                ``(3) Expiration of terms.--The term of any member shall
            not expire before the date on which the member's successor
            takes office.
        ``(e) Election of Officers.--The Advisory Board shall elect a Chair
    and Vice Chair from among its members. The Advisory Board shall elect
    its initial Chair and Vice Chair at its initial meeting.
        ``(f) Duties.--
                ``(1) Enhance communication on promoting quality of, and
            preventing abuse and neglect in, long-term care.--The Advisory
            Board shall develop collaborative and innovative approaches to
            improve the quality of, including preventing abuse and neglect
            in, long-term care.
                ``(2) Collaborative efforts to develop consensus around the
            management of certain quality-related factors.--
                        ``(A) In general.--The Advisory Board shall
                    establish multidisciplinary panels to address, and
                    develop consensus on, subjects relating to improving
                    the quality of long-term care. At least 1 such panel
                    shall address, and develop consensus on, methods for
                    managing resident-to-resident abuse in long-term care.
                        ``(B) Activities conducted.--The multidisciplinary
                    panels established under subparagraph (A) shall examine
                    relevant research and data, identify best practices
                    with respect to the subject of the panel, determine the
                    best way to carry out those best practices in a
                    practical and feasible manner, and determine an
                    effective manner of distributing information on such
                    subject.
                ``(3) Report.--Not later than the date that is 18 months
            after the date of enactment of the Elder Abuse Victims Act of
            2008, and annually thereafter, the Advisory Board shall prepare
            and submit to the Elder Justice Coordinating Council, the
            Committee on Finance of the Senate, and the Committee on Ways
            and Means and the Committee on Energy and Commerce of the House
            of Representatives a report containing--
                        ``(A) information on the status of Federal, State,
                    and local public and private elder justice activities;
                        ``(B) recommendations (including recommended
                    priorities) regarding--
                                ``(i) elder justice programs, research,
                            training, services, practice, enforcement, and
                            coordination;
                                ``(ii) coordination between entities
                            pursuing elder justice efforts and those
                            involved in related areas that may inform or
                            overlap with elder justice efforts, such as
                            activities to combat violence against women and
                            child abuse and neglect; and
                                ``(iii) activities relating to adult
                            fiduciary systems, including guardianship and
                            other fiduciary arrangements;
                        ``(C) recommendations for specific modifications
                    needed in Federal and State laws (including
                    regulations) or for programs, research, and training to
                    enhance prevention, detection, and treatment (including
                    diagnosis) of, intervention in (including investigation
                    of), and prosecution of elder abuse, neglect, and
                    exploitation;
                        ``(D) recommendations on methods for the most
                    effective coordinated national data collection with
                    respect to elder justice, and elder abuse, neglect, and
                    exploitation; and
                        ``(E) recommendations for a multidisciplinary
                    strategic plan to guide the effective and efficient
                    development of the field of elder justice.
        ``(g) Powers of the Advisory Board.--
                ``(1) Information from federal agencies.--Subject to the
            requirements of section 2012(a), the Advisory Board may secure
            directly from any Federal department or agency such information
            as the Advisory Board considers necessary to carry out this
            section. Upon request of the Chair of the Advisory Board, the
            head of such department or agency shall furnish such
            information to the Advisory Board.
                ``(2) Sharing of data and reports.--The Advisory Board may
            request from any entity pursuing elder justice activities under
            the Elder Abuse Victims Act of 2008 or an amendment made by
            such Act, any data, reports, or recommendations generated in
            connection with such activities.
                ``(3) Postal services.--The Advisory Board may use the
            United States mails in the same manner and under the same
            conditions as other departments and agencies of the Federal
            Government.
        ``(h) Travel Expenses.--The members of the Advisory Board shall not
    receive compensation for the performance of services for the Advisory
    Board. The members shall be allowed travel expenses for up to 4
    meetings per year, including per diem in lieu of subsistence, at rates
    authorized for employees of agencies under subchapter I of chapter 57
    of title 5, United States Code, while away from their homes or regular
    places of business in the performance of services for the Advisory
    Board. Notwithstanding section 1342 of title 31, United States Code,
    the Secretary may accept the voluntary and uncompensated services of
    the members of the Advisory Board.
        ``(i) Detail of Government Employees.--Any Federal Government
    employee may be detailed to the Advisory Board without reimbursement,
    and such detail shall be without interruption or loss of civil service
    status or privilege.
        ``(j) Status as Permanent Advisory Committee.--Section 14 of the
    Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
    advisory board.

    ``SEC. 2015. RESEARCH PROTECTIONS.

        ``(a) Guidelines.--The Secretary shall promulgate guidelines to
    assist researchers working in the area of elder abuse, neglect, and
    exploitation, with issues relating to human subject protections.
        ``(b) Definition of Legally Authorized Representative for
    Application of Regulations.--For purposes of the application of subpart
    A of part 46 of title 45, Code of Federal Regulations, to research
    conducted under this chapter the term `legally authorized
    representative' means, unless otherwise provided by law, the individual
    or judicial or other body authorized under the applicable law to
    consent to medical treatment on behalf of another person.

    ``SEC. 2016. AUTHORIZATION OF APPROPRIATIONS.

        ``There are authorized to be appropriated to carry out this
    chapter--
                ``(1) for fiscal year 2009, $6,500,000; and
                ``(2) for each of fiscal years 2010 through 2012,
            $7,000,000.''.

    SEC. 11. DEFINITIONS.

        In this Act:
                (1) Elder.--The term ``elder'' means an individual age 60
            or older.
                (2) Elder justice.--The term ``elder justice'' means--
                        (A) from a societal perspective, efforts to--
                                (i) prevent, detect, treat, intervene in,
                            and prosecute elder abuse, neglect, and
                            exploitation; and
                                (ii) protect elders with diminished
                            capacity while maximizing their autonomy; and
                        (B) from an individual perspective, the recognition
                    of an elder's rights, including the right to be free of
                    abuse, neglect, and exploitation.

        Mr. Scott. The act authorizes grants to support local and
    state law enforcement and prosecutors in elder justice matters
    and establishes procedures to ensure that the Department of
    Justice dedicates resources to investigating and prosecuting
    elder justice cases.
        H.R. 2352, the School Safety Enhancements Act of 2007, is a
    vital bill aimed at ensuring the safety of students at our
    nation's educational institutions.
        Incidents of violence in our schools continued. Over the
    last decade, we have seen horrific school shootings and
    violence in--well, I have a list of states. The states where
    they did not have violence is shorter than the list where they
    did have violence: 27 states have reported school shootings.
        Ensuring the safety of our students and teachers at all
    levels of education must be paramount. H.R. 2352, sponsored by
    the gentleman from New Jersey, Mr. Rothman, seeks to enhance
    school safety by increasing the amount of money available and
    making money more accessible to poor communities.
        The bill raises the authorization level of Federal grants
    from $30 million to $50 million for fiscal year 2008-2009. It
    also amends the eligibility requirements so that schools in the
    most need have a better opportunity to receive funding.
        Presently, grant recipients must match Federal grant
    dollars dollar for dollar with non-Federal funds in order to
    qualify for Federal funding. This ironic requirement has
    undermined the objective of the program, because the poorer
    states, who have the most need, receive the least benefit
    because they can least afford to provide the matching grants.
        H.R. 2352 corrects the problem by changing the mandatory
    matching non-Federal funds percentage from 50 percent to 20
    percent.
        H.R. 2352 also amends the Higher Education Act and requires
    participating institutions to conduct annual campus assessments
    and develop and implement a campus emergency response plan.
        [The text of the bill, H.R. 2352, follows:]

    HR 2352 IH  ___________________________________________________

                                                                          I
    110th CONGRESS
        1st Session

                                    H. R. 2352

    To enhance the safety of elementary schools, secondary schools, and
        institutions of higher education.
                                   __________
                        IN THE HOUSE OF REPRESENTATIVES
                                  May 16, 2007
    Mr. Rothman (for himself, Mr. Pascrell, Mr. Davis of Illinois, Mr. Neal
        of Massachusetts, Mr. Delahunt, Ms. Berkley, Mr. Payne, Mr. Meeks
        of New York, Mr. Frank of Massachusetts, Ms. Corrine Brown of
        Florida, Ms. Clarke, Mr. Towns, Mr. Weiner, Ms. Waters, Ms.
        DeGette, Mr. Andrews, Mr. Ackerman, Mr. Wu, Ms. Baldwin, Mr.
        Yarmuth, Mr. Hall of New York, Mr. Higgins, Mr. Hinchey, Mr. Watt,
        Mr. Wynn, Mr. Bishop of Georgia, Ms. Kilpatrick, Ms. Lee, Mr.
        Emanuel, Mr. Holt, Ms. Jackson-Lee of Texas, Mr. Hare, Mr. Sires,
        Mr. Kind, Mr. Scott of Georgia, Mr. Gene Green of Texas, Mr.
        Patrick J. Murphy of Pennsylvania, Ms. Matsui, Mr. Kucinich, Ms.
        Sutton, and Mr. Scott of Virginia) introduced the following bill;
        which was referred to the Committee on the Judiciary, and in
        addition to the Committee on Education and Labor, for a period to
        be subsequently determined by the Speaker, in each case for
        consideration of such provisions as fall within the jurisdiction of
        the committee concerned
                                   __________

                                     A BILL

    To enhance the safety of elementary schools, secondary schools, and
        institutions of higher education.

        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 ``School Safety Enhancements Act of
    2007''.

        TITLE I--ELEMENTARY AND SECONDARY EDUCATION SAFETY ENHANCEMENTS

    SEC. 101. GRANT PROGRAM FOR SCHOOL SECURITY.

        Section 2701 of the Omnibus Crime Control and Safe Streets Act of
    1968 (42 U.S.C. 3797a) is amended--
                (1) in subsection (b)--
                        (A) in paragraph (1), by inserting ``surveillance
                    equipment,'' after ``detectors,'';
                        (B) by striking paragraph (2) and inserting the
                    following:
                ``(2) Establishment of hotlines or tiplines for the
            reporting of potentially dangerous students and situations.'';
                        (C) by redesignating paragraph (5) as paragraph
                    (6); and
                        (D) by inserting after paragraph (4) the following:
                ``(5) Capital improvements to make school facilities more
            secure.'';
                (2) by striking subsection (d)(1) and inserting the
            following:
                ``(1) The Federal share of the costs of a program provided
            by a grant under subsection (a) shall be 80 percent of the
            total of such costs. The non-Federal share of such costs shall
            be 20 percent of such costs.''; and
                (3) by adding at the end the following:
        ``(g) Interagency Task Force.--Not later than 60 days after the
    date of enactment of the School Safety Enhancements Act of 2007, the
    Director and the Secretary of Education, or the designee of the
    Secretary, shall establish an interagency task force to develop and
    promulgate a set of advisory school safety guidelines. The advisory
    school safety guidelines shall be published in the Federal Register by
    not later than June 1, 2008.''.

    SEC. 102. APPLICATIONS.

        Section 2702(a)(2) of the Omnibus Crime Control and Safe Streets
    Act of 1968 (42 U.S.C. 3797b(a)(2)) is amended to read as follows:
                ``(2) be accompanied by a report, signed by the chief
            education officer and the attorney general or other chief legal
            officer of the State, unit of local government, or Indian
            tribe, demonstrating that each proposed use of the grant funds
            will be--
                        ``(A) an effective means for improving the safety
                    of one or more schools;
                        ``(B) consistent with a comprehensive approach to
                    preventing school violence; and
                        ``(C) individualized to the needs of each school at
                    which those improvements are to be made.''.

    SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

        Section 2705 of the Omnibus Crime Control and Safe Streets Act of
    1968 (42 U.S.C. 3797e) is amended by striking ``$30,000,000 for each of
    fiscal years 2001 through 2009'' and inserting ``$50,000,000 for each
    of the fiscal years 2008 and 2009''.

                TITLE II--HIGHER EDUCATION SECURITY ENHANCEMENT

    SEC. 201. REQUIREMENT FOR CAMPUS SAFETY ASSESSMENTS.

        Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
    amended by adding at the end the following:
        ``(h) Campus Safety Assessment.--Each eligible institution
    participating in any program under this title shall conduct an annual
    campus safety assessment that shall be prepared through consultation
    between the institution's staff, including safety and security
    personnel, and local law enforcement officials.''.

    SEC. 202. REQUIREMENT FOR CAMPUS EMERGENCY RESPONSE PLANS.

        Section 485 of the Higher Education Act of 1965, as amended in
    section 201 (20 U.S.C. 1092), is further amended by adding at the end
    the following:
        ``(i) Campus Emergency Response Plan.--Each eligible institution
    participating in any program under this title shall develop and
    implement a campus emergency response plan to address a comprehensive
    set of emergency situations, including the following:
                ``(1) Natural disasters.
                ``(2) Active shooter situations.
                ``(3) Terrorist attacks.''.

        Mr. Scott. H.R. 5464, the ``A Child Is Missing Alert and
    Recovery Center Act,'' authorizes grants to the Child Is
    Missing Center. A child goes missing every 40 seconds in the
    United States. A successful recovery of that child often
    requires a quick police and community response, which the
    center has facilitated since 1997.
        [The text of the bill, H.R. 5464, follows:]

    HR 5464 IH  ___________________________________________________

                                                                          I
    110th CONGRESS
        2d Session

                                    H. R. 5464

    To direct the Attorney General to make an annual grant to the A Child
        Is Missing Alert and Recovery Center to assist law enforcement
        agencies in the rapid recovery of missing children, and for other
        purposes.
                                   __________
                        IN THE HOUSE OF REPRESENTATIVES
                               February 14, 2008
    Mr. Klein of Florida (for himself, Mr. Sensenbrenner, Mr. Nadler, Mr.
        Chabot, Mr. Wexler, Mr. Cohen, Mr. Johnson of Georgia, Ms. Sutton,
        Ms. Wasserman Schultz, Ms. Granger, Mr. Chandler, Mr. Burton of
        Indiana, Mr. Hastings of Florida, Mr. Mahoney of Florida, Mr.
        Ruppersberger, Mr. Meek of Florida, and Mr. Scott of Virginia)
        introduced the following bill; which was referred to the Committee
        on the Judiciary
                                   __________

                                     A BILL

    To direct the Attorney General to make an annual grant to the A Child
        Is Missing Alert and Recovery Center to assist law enforcement
        agencies in the rapid recovery of missing children, 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 ``A Child Is Missing Alert and
    Recovery Center Act''.

    SEC. 2. DIRECTING THE ATTORNEY GENERAL TO MAKE ANNUAL GRANTS TO A CHILD
                        IS MISSING ALERT AND RECOVERY CENTER TO ASSIST LAW
                        ENFORCEMENT AGENCIES IN RECOVERING MISSING
                        CHILDREN.

        (a) In General.--The Attorney General, acting through the
    Administrator of the Office of Juvenile Justice and Delinquency
    Prevention, shall annually make a grant to the A Child Is Missing Alert
    and Recovery Center.
        (b) Specified Use of Funds for Recovery Activities, Regional
    Centers, Education, and Information Sharing.--A Child Is Missing Alert
    and Recovery Center shall use the funds made available under this Act--
                (1) to operate and expand the A Child Is Missing Alert and
            Recovery Center to provide services to Federal, State, and
            local law enforcement agencies to promote the quick recovery of
            a missing child in response to a request from such agencies for
            assistance by utilizing rapid alert telephone calls, text
            messaging, and satellite mapping technology;
                (2) to maintain and expand technologies and techniques to
            ensure the highest level of performance of such services;
                (3) to establish and maintain regional centers to provide
            both centralized and on-site training and to distribute
            information to Federal, State, and local law enforcement agency
            officials about how to best utilize the services provided by
            the A Child Is Missing Alert and Recovery Center;
                (4) to share appropriate information with the National
            Center for Missing and Exploited Children, the AMBER Alert
            Coordinator, and appropriate Federal, State, and local law
            enforcement agencies; and
                (5) to assist the National Center for Missing and Exploited
            Children, the AMBER Alert Coordinator, and appropriate Federal,
            State, and local law enforcement agencies with education
            programs.

    SEC. 3. DEFINITION OF MISSING CHILD.

        For purposes of this Act, the term ``missing child'' means an
    individual whose whereabouts are unknown to a Federal, State, or local
    law enforcement agency.

    SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

        For grants under section 2, there are authorized to be appropriated
    to the Attorney General $5,000,000 for each fiscal year from fiscal
    year 2009 through fiscal year 2014.

        Mr. Scott. Recognizing a need, Sherry Friedlander, who is
    with us today, founded A Child Is Missing program. That program
    is a national nonprofit organization that offers free
    assistance to law enforcement 365 days a year, 24 hours a day.
        The program is not limited to children, but extends to all
    at-risk members of our society, including the elderly, mentally
    challenged, and the disabled. When law enforcement receives the
    call that a person has gone missing, the responding officer can
    immediately call ACIM.
        The organization prepares a recording that includes the
    description of the person and the last known location. Using a
    comprehensive telephone database and computer satellite
    technology, this recording is sent by phone to thousands of
    locations within the radius of the person's last sighting.
        Sponsored by the gentleman from Florida, Mr. Klein, H.R.
    5464 authorizes $5 million in annual grants for 2009 to 2014 to
    expand A Child Is Missing Alert and Recovery Center to assist
    more law enforcement agencies in the rapid recovery of missing
    children and other at-risk individuals.
        I believe all of these measures before us today will make
    significant improvements to public safety, particularly to
    children and vulnerable adults.
        It is now my pleasure to recognize the Ranking Member of
    the Subcommittee, the gentleman from Texas, Judge Gohmert.
        Mr. Gohmert. Thank you, Chairman Scott.
        And thank you to the witnesses. I know your time is
    extremely valuable. It is great to have such well-respected
    colleagues here going to testify and educate us.
        You all know how it goes, though. I need to get some things
    into the record.
        A child goes missing every 40 seconds in the U.S., over
    2,100 per day. We have been told that at least 800,000 children
    are reported missing each year and another 500,000 go missing
    without ever being reported.
        Annually, figures we have been given indicate approximately
    58,000 children in the U.S. are kidnapped by someone they do
    not know or by slight acquaintance. The data also says that as
    many as 200,000 children are victims of family abductions each
    year.
        The Amber Alert system is activated when there is evidence
    that a missing child has been abducted and the police have
    sufficient evidence or information about the abductor or
    vehicle description to warrant use of the system. But if there
    is no evidence of an abduction or no information about the
    abductor, law enforcement cannot issue an Amber Alert.
        This is the reality in thousands of missing children cases,
    and this is where A Child Is Missing steps in. Launched in
    1997, A Child Is Missing assists police in the first crucial
    hours of searches for missing children, elderly and disabled.
        To date, more than 2.5 million calls have been made on
    cases at law enforcement request. A Child Is Missing's high-
    tech system can launch 1,000 calls in 60 seconds. This
    technology is particularly useful to smaller, rural law
    enforcement agencies that simply do not have the manpower to
    launch a large-scale search for a missing child.
        The system's ability to notify thousands of area residents
    within minutes that a child has gone missing in their area is
    crucial when every minute counts. For instance, in my home
    State of Texas, A Child Is Missing alert produced a tip to the
    Everman Police Department that led to the recovery of an 11-
    year-old girl. She had been abducted by her father, who it was
    believed was headed across the border to Mexico with his
    daughter.
        Twenty-two hundred law enforcement agencies across the
    country use this alert system. H.R. 5464, the A Child Is
    Missing Alert and Recovery Center Act, authorizes $5 million
    for fiscal years 2009 through 2014 for grants to increase the
    use of this alert system.
        This is a valuable system and an important tool for law
    enforcement that Congress should support.
        Yesterday, teachers and students at Virginia Tech gathered
    to mark the 1-year anniversary of a campus shooting that killed
    27 students and five faculty. We now know that Cho Seung-Hui
    was a mentally disturbed young man who was able to purchase two
    handguns, which he brought onto campus and began a shooting
    spree that spanned several hours and spread through both dorms
    and classrooms across the campus.
        Sadly, in February of this year, a gunman stormed a
    classroom in Northern Illinois University, opened fire, killing
    five students and wounding 16 others in a matter of seconds
    before killing himself.
        School and college campuses should be safe environments for
    students to learn. And to date, campus security requires much
    more than ever before, including campus police, emergency alert
    systems, and emergency response plans.
        H.R. 2352, the School Safety Enhancements Act of 2007,
    provides grants for the placement and use of surveillance
    equipment in schools and hotlines for tips for reporting
    dangerous students or situations.
        The bill increases the Secure Our Schools program
    authorization from $30 million a year to $50 million a year and
    requires each college or university to conduct an annual campus
    safety assessment, in consultation with law enforcement
    officials, and develop and implement a campus emergency
    response plan.
        We all hope that improvements to campus security will
    prevent any further and future tragedies like Virginia Tech or
    Northern Illinois.
        Now, on the issue of elder abuse, every year an estimated
    2.1 million older Americans are the victims of physical,
    psychological and other forms of abuse and neglect.
        And for every case of elder abuse and neglect reported to
    authorities, experts estimate that as many as five cases are
    not reported. I saw a significant problem with this during my
    days as a judge.
        Ninety percent of elder abuse and neglect incidents are by
    known perpetrators, usually family members, and 42 percent of
    murder victims over 60 were killed by their own offspring.
    Spouses were the perpetrators in 24 percent of family murders
    of persons over 60.
        H.R. 1783 and H.R. 5352 address the growing problem of
    elder abuse. Both bills provide grants to State and local
    prosecutors and law enforcement for elder abuse cases.
        Both bills also direct the attorney general to study and
    report the Elder Justice Coordinating Council, the advisory
    board of elder abuse, neglect and exploitation, and Congress on
    State laws and practices relating to elder abuse, neglect and
    exploitation, and development and implement a long-term plan
    for elder justice programs and related activities.
        While I appreciate the desire to establish a national plan
    for an issue that reaches into every State in America, I do
    have concerns that imposing these requirements on the
    Department of Justice may not be the most effective approach.
        We have heard the phrase ``crime is local,'' and it is. I
    expect the majority of elder abuse cases are investigated by
    local police, prosecuted by local and State prosecutors. That
    is certainly what I saw in my court.
        It occurs to me that these individuals are the real experts
    on the types of evidence or tools needed to try these cases.
    The bills require the department to develop objectives,
    priorities, policies, and a long-term plan for elder justice
    programs and activities relating to prevention, detection,
    training, treatment, evaluation, intervention, research and
    improvement of the elder justice system in the U.S.
        I will be interested to hear from our witnesses what
    expertise they believe the DOJ possesses that surpasses, for
    instance, the White House Conference on Aging or the National
    Committee for the Prevention of Elder Abuse, but particularly
    the State or local law enforcement entities that have been
    dealing with this issue for so long.
        I look forward to hearing from our witnesses today and
    yield back the balance of my time.
        Mr. Scott. Thank you.
        We have the Chairman of the full Committee with us today,
    Mr. Conyers.
        Mr. Conyers. Mr. Chairman, I ask unanimous consent to have
    my statement put in the record, because time is so short.
        And look at the significance of the witnesses on the panel
    before us. I mean, Rahm Emanuel normally deals in international
    issues, certainly national, and has been a close adviser of
    mine.
        And we have one little thing to work out with Judge Gohmert
    and you and him. The judge will be bringing this to your
    attention later.
        And then to have an Admiral before us and a distinguished
    lawyer, former Member of the Committee, Steve Rothman--you
    know, Ron Klein, you are the luckiest guy to be on a panel like
    this. What did you do to get on a panel like this? I mean, wow,
    just got here. Short straw. So we welcome them all. Thank you
    very much.
        [The prepared statement of Mr. Conyers follows:]
    Prepared Statement of the Honorable John Conyers, Jr., a Representative
    in Congress from the State of Michigan, and Chairman, Committee on the
                                   Judiciary

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Mr. Scott. Thank you.
        Gentleman from North Carolina?
        Mr. Coble. Thank you, Mr. Chairman, for conducting the
    hearing.
        And no opening statement. Good to have our colleagues here,
    especially the distinguished gentleman from New Jersey who has
    come back home to where he belongs. Good to have you all with
    us.
        Thank you, Mr. Chairman.
        Mr. Scott. Thank you.
        The gentleman from Georgia?
        Mr. Johnson. Thank you, Mr. Chairman. I commend you for
    having this hearing today, the first time in, what, 16 years
    there has been a hearing on elder abuse.
        For my colleagues that sit before us, I am in awe. Thank
    you very much for being here.
        Mr. Scott. Thank you.
        And the gentlelady from Wisconsin?
        Ms. Baldwin. Thank you, Mr. Chairman.
        I will submit my longer opening statement for the record,
    but I did want to commend you and Ranking Member Gohmert for
    this really important hearing. The range of issues that you
    have described in you respective opening statements are truly
    important.
        I am interested in all of them, but particularly pleased,
    as Mr. Johnson just said, that for the first time in, I think,
    16 years there has been--this is a hearing that is going to
    focus on elder abuse and exploitation of senior citizens.
        And, certainly, as we are in a period of time when the baby
    boom generation is beginning to retire, we know that the number
    of Americans over 60 is going to drastically increase over the
    next few decades and that these protections are particularly
    important.
        I just wanted to note what may be a little bit of a tangent
    to the major focus of the elder abuse and Elder Justice Act
    legislation. But as a person who was raised by my grandparents
    and had the opportunity late in my grandmother's life to be her
    primary caregiver, that experience sort of opened my eyes to an
    area that I hope that we can also have dialogue around, and
    that is exploitation of seniors by mail fraud or telephone
    fraud and that sort of thing.
        I remember a time right around when my grandmother turned
    90 that she asked me to start taking over her mail and her
    checkbook and her accounting. And I realized how many sort of
    fly-by-night or fraudulent charities--sounded like the real
    thing, but not really the real thing--were writing her monthly.
        And wanting to make sure that seniors have the tools they
    need to see who is credible and who is not and fend for
    themselves became something that was very important to me. So I
    hope we can add that to the larger dialogue about protecting
    our senior citizens.
        And with that, Mr. Chairman, I yield back.
        [The prepared statement of Ms. Baldwin follows:]
    Prepared Statement of the Honorable Tammy Baldwin, a Representative in
       Congress from the State of Wisconsin, and Member, Subcommittee on
                    Crime, Terrorism, and Homeland Security
        Thank you Chairman Scott and Ranking Member Gohmert for holding
    this hearing on four important bills under our Subcommittee's
    jurisdiction. I also want to extend my thanks to the witnesses who have
    come to testify before us today. Thank you all for being here.
        After learning more about the work ``A Child Is Missing'' is doing
    in my state of Wisconsin, I must say that I am impressed. The
    organization has trained over 100 local law enforcement officers and
    since 2005, they have made almost 127,000 calls on behalf of missing
    children, elderly, and disabled Wisconsonites.
        At least a handful of those calls went out in my district when the
    Waterloo Police Department were alerted to an infant found alone on the
    street one evening last June. Coordinating with A Child Is Missing,
    almost 2,000 calls went out and Waterloo Police immediately fielded
    response calls from alert citizens who provided information to
    investigators. In less than two hours, as a result of information
    provided by citizens responding to these alert calls, police located
    the mother and reunited her with her baby. With successes like this, I
    look forward to learning more about the A Child Is Missing Alert and
    Recovery Center Act.
        I am also eager to hear more about H.R. 2352, the School Safety
    Enhancements Act of 2007. As a proud cosponsor of this legislation, I
    wholeheartedly support efforts to enhance safety in our schools--
    particularly in light of the tragic string of hate-motivated violence
    across the country that has played out in our children's schools.
        Mr. Chairman, I am particularly pleased to see our Subcommittee
    take up two bills addressing elder abuse: the Elder Abuse Victims Act
    and the Elder Justice Act. I want add a sincere note of thanks for your
    leadership in holding the first House hearing on elder abuse in 16
    years.
        Particularly with the population of Americans over 60 set to
    drastically increase in the next few decades, the vitally important
    issue of elder abuse, neglect, and exploitation will only become more
    so. Despite the dearth of data on the prevalence of these crimes, we
    know that elder abuse, neglect, and exploitation cross all racial,
    class, gender, and geographic boundaries. As my colleague Mr. Emanuel
    describes in his written testimony, the push to keep elder abuse,
    neglect, and exploitation quiet and ``in the family'' is way too
    reminiscent of our struggles twenty years ago to shed light on domestic
    violence.
        My own experiences as the primary caregiver for my grandmother who
    raised me opened my eyes to some troubling exploitative tactics
    targeted to seniors. When my grandmother was about 90-years-old, she
    asked if I would help her with her mail, balancing her checkbook, etc.
    I was disturbed by the number of frequent solicitations she received
    from what appeared to me to be bogus or fly-by-night charities--
    designed more to line the pockets of the solicitors than to serve their
    purported charitable missions.
        I was also disturbed by the amount of money my grandmother had been
    giving to these entities. She believed that those able to do so, ought
    to be as generous as possible to those in need, but she had no way of
    determining the legitimacy of the entities that were contacting her. I
    still keep a collection of my grandmother's mail as a reminder that it
    is not just the isolated and lonely who may fall prey to these scams.
        I recognize that protecting the physical and mental health and
    security of seniors is the central focus of the Elder Justice Act, as
    it should be. I am hopeful that our consideration of this bill might
    open a discussion of elder exploitation concerns to include criminals
    who target seniors using phones and mail as their weapons.
        I very much look forward to the testimony of my colleagues, as well
    as our expert panel of witnesses.
        Thank you, Mr. Chairman.

        Mr. Scott. Thank you very much. Thank you.
        Our first witness today will be the gentleman from
    Illinois, the honorable Rahm Emanuel, sponsor of H.R. 1783. He
    is Chairman of the Democratic Caucus and serving his third term
    in Congress.
        He is committed to addressing the challenges facing
    families across the Nation. He has a bachelor's degree from
    Sarah Lawrence College and a master's degree from Northwestern
    University.
        Our next witness will be the gentleman from Pennsylvania,
    the honorable Joe Sestak, sponsor of H.R. 5352. He is serving
    his first term in Congress after 31 years serving our Nation in
    the United States Navy, rising to the rank of three-star
    admiral.
        He is a graduate of the U.S. Naval Academy and has a
    master's and PhD in political economy and government from
    Harvard University.
        Our next witness is the gentleman from New Jersey, the
    honorable Steve Rothman, sponsor of H.R. 2352. He is serving
    his sixth term in Congress and throughout his tenure has fought
    to improve the quality of education, both by modernizing
    schools and classrooms, and hiring skilled teachers.
        He has a bachelor's degree from Syracuse University and
    juris doctorate from Washington University in St. Louis School
    of Law.
        And our final witness for the first panel will be the
    gentleman from Florida, the honorable Ron Klein, sponsor of
    H.R. 5464. He is serving his first term in Congress and has
    worked to find commonsense solutions that will improve the
    lives of American families.
        He has a bachelor's degree from Ohio State University and
    his juris doctorate from Case Western Reserve University Law
    School.
        Gentlemen, you all know the drill, so we will--your full
    testimony will be placed in the record. A little timing device
    is on the desk.
        And we will first hear from the Chairman of the Democratic
    Caucus, Rahm Emanuel.

     TESTIMONY OF THE HONORABLE RAHM EMANUEL, A REPRESENTATIVE IN
                  CONGRESS FROM THE STATE OF ILLINOIS

        Mr. Emanuel. First of all, I want to thank all the Members
    of the Committee for holding this hearing, specifically
    Chairman Scott, the Chairman of the full Committee, Chairman
    Conyers, and the Ranking Member, Gohmert.
        A number of you have all touched on different aspects of
    what I was going to say, to the point--starting off with the
    very fact that this is the first hearing by any House Committee
    on elder abuse in 17 years. The Senate has had a series of
    hearings, but no House Committee has ever held a hearing in 17
    years of elder abuse.
        And it touches on the fact that, as we are about to have,
    what, 77 million Americans, baby boomers, set to retire, it is
    only fitting that this hearing begin now, as we always talk
    about Social Security or Medicare, that this is an issue that
    touches a growing population, piece of the overall population,
    and a community that has particular interest.
        I do want to add just a couple of points to some little--to
    things that each of you have brought up. This issue came to
    mind as I do my office hours at grocery stores, just meeting
    constituents.
        In about 2003, a woman met me at the grocery store, just
    happened to be shopping, Rosemary--I am going to mispronounce
    it--Pulikche, who talked about her father, who has Alzheimer's,
    a World War II veteran, who was in a nursing home who she
    started to notice was having scars and black-and-blue marks, et
    cetera.
        And as she tried to deal with the nursing home, they all
    said, ``It is just little things he is bumping into,'' et
    cetera, and they pushed her off.
        And then she went to the law enforcement community. And the
    law enforcement community said, ``This is a family matter,''
    which I note to you was, prior to the Federal Government being
    involved in domestic abuse, was exactly how they referred to
    domestic abuse either for children or for a partner.
        And so the same response that still exists today for
    elderly was a response until we dealt on a Federal level with
    either child abuse or domestic violence, that this was a family
    issue and not really one for the law enforcement community.
        And so it is fitting that we deal with this at this time
    and deal with it from a Federal level.
        Second, as has been noted, there is $8 billion on the
    Federal level spent on abuse, be that child or domestic. Of
    that, less than 2 percent goes to elderly; $8 billion, but less
    than 2 percent goes toward elderly. We noted that 77 million
    Americans are baby boomers about to retire.
        Third statistic, this was a recent report the other day in
    the Chicago Tribune, because of Illinois' own laws, and
    Chairman Scott noted that his own days in the State
    legislature, that different laws, different regs, different
    reporting requirements.
        Because 1997 and 2005, the increase in violence among
    elders had increased by 48 percent in the State of Illinois.
    Now, part of that is because the population is getting bigger;
    part of that is because we put in place a series of laws for
    better reporting by our attorney general.
        We happen to have good laws in Illinois and good
    enforcement. What is missing in all this effort is national
    standards, national helping on enforcement, and national
    resources.
        You can see clearly by what happened both with domestic
    violence, when the government set some standards and resources
    were put there, and child abuse and those types of crimes, that
    what happened there had a clear impact and a positive impact,
    in the sense of reducing that violence and also bringing it
    from the sidelines to the center, so you can't dismiss those
    crimes as merely a family issue.
        Lastly--or two points I would like to close with--I want to
    make sure all my colleagues have appropriate time--is bringing
    up what Congresswoman Baldwin mentioned and that is that, when
    it comes to fraud, abuse, be that telephone solicitation, mail,
    other types of--kind of victims of crimes, as a population
    sector, seniors are the--I don't want to say a statistic,
    because I may be wrong, but the most amount of crimes against
    any population sector for fraud, vis-a-vis phone or mail, is
    among seniors.
        And so that has to be a part of anything we do, besides the
    physical piece, and meaning abuse at nursing homes, et cetera,
    that seniors are the single greatest population segment for
    being the victims of fraud, be it bank, electronic, telephone,
    et cetera. And that has to be a part of this.
        I am submitting, as all you mentioned that you are
    submitting testimony, besides my full testimony, my partner in
    this and working on this is Congressman Peter King. And I am
    submitting for the record his testimony here. He asked me to do
    that. I would.
        [The prepared statement of Mr. King follows:]
    Prepared Statement of the Honorable Peter T. King, a Representative in
                      Congress from the State of New York
        I want to thank the Committee for holding this hearing today. Elder
    abuse is, unfortunately, an issue that has dwelled among the shadows of
    many American families for generations. From incidences in nursing
    facilities to neglect and abuse at the hands of those they know, the
    elderly have been subject to horrible crimes that, until now, have
    received little or no public attention. I commend the Chairman Scott
    and Ranking Member Gohmert for helping my colleagues and I bring the
    issue of elder abuse to light.
        Almost daily, there are reports of instances in which the elderly
    have been abused. Unspeakable acts of physical abuse and downright
    neglect have led to the deaths of seniors across the country--many of
    whom had to die in slow agonizing ways. Earlier this week I read a
    disturbing account of a man who died shortly after being removed from a
    nursing facility where he was suffering from malnourishment,
    dehydration, sores, bed bugs and black and swollen toes. According to
    the local reporters, when emergency room personnel removed the socks
    that had not been changed for quite some time, portions of his skin
    were pulled off as well.
        To spite this harrowing story of abuse, and the many others that
    exist in each state, there is not one full-time federal employee
    working on elder abuse issues. That is why I have been working with
    Rep. Rahm Emanuel and Senators John Breaux, Orrin Hatch and Blanche
    Lincoln to pass the Elder Justice Act (H.R. 1783). I have had the
    privilege of working with these Members of Congress and the Elder
    Justice Coalition in order to develop the first comprehensive federal
    effort to address and prevent elder abuse, neglect and exploitation.
        This bipartisan legislation dedicates federal resources to the
    prevention of elder abuse. In addition, it will protect seniors by
    providing services such as victim assistance, improved long-term care
    and support for at-risk elders. We have included research, training and
    forensics and consumer information provisions which will help
    practitioners detect, treat and prevent elder abuse in the most
    effective ways.
        I sincerely hope the Committee will take the issues surrounding
    elder abuse to heart and join with us to pass strong legislation to
    combat these tragedies. I thank the Committee for holding this hearing
    and stand ready to work with you.

        Mr. Emanuel. This is my first legislation I introduced when
    I first got to Congress. Since that time, Senator Hatch,
    Senator Breaux, Senator Blanche Lincoln, Peter King and I have
    worked on this.
        I cannot thank each and every one of you enough that, after
    17 years of not having literally a time this issue having any
    daylight, that your Committee has decided to have a hearing on
    this legislation and even on this subject.
        And I hope it bodes well for our ability to bring this
    legislation or some aspects finally to the floor for a full
    vote.
        Mr. Scott. Thank you. That statement will be entered
    without objection.
        Mr. Emanuel. Okay, thank you.
        [The prepared statement of Mr. Emanuel follows:]
     Prepared Statement of the Honorable Rahm Emanuel, a Representative in
                      Congress from the State of Illinois
        Before I begin, I want to sincerely thank Chairman Scott, Ranking
    Member Gohmert, and the members of the Subcommittee for holding this
    hearing.
        As you may know, the issue of elder abuse, neglect and exploitation
    is unfortunately, nothing new. What you may not know though, is that
    the first hearing on elder abuse was in 1979 in the House Select
    Committee on Aging. The Senate has held over 20 hearings on the issue
    of elder abuse dating back to 1991. However, the House has only held
    one hearing in 1991 since those early hearings on the now defunct
    Select Committee on Aging. Today is the first time in 17 years that a
    House Committee will look at the issue of elder abuse. I sincerely
    applaud the Committee for taking this action and I thank you for giving
    me the opportunity to discuss this very important issue here today.
        Reports reveal that 500,000 to 5 million senior American's will be
    victims of some form of abuse every year, causing illness, suffering,
    and premature death. In my home state of Illinois, reports to the
    Illinois Elder Abuse and Neglect Program increased by 48% between 1997
    and 2005. Additionally, 186 nursing home residents actually died of
    starvation, dehydration or infected wounds in 1999 alone.
        I would like to briefly share with you one story of a former
    constituent of mine that I met in 2003. Her name is Rosemary Pulice and
    her father was abused and neglected in a nursing home. Before
    Alzheimer's stripped him of his strength and clarity, her father was a
    strong and independent man: a World War II veteran who fought for his
    country, a loving husband and a caring father who meant the world to
    his family. His illnesses robbed him of both his physical and mental
    abilities--he could neither fend for himself physically nor sort
    through mentally what was happening. During his time at a nursing home,
    Rosemary started to notice bruises, cuts and contusions and when she
    asked staff about them, they claimed ``Nothing happened on our watch.''
    No one was concerned about the injuries--no one attended to his pain.
    When Rosemary tried to address the abuse and neglect with aides,
    administrators, and finally with the police, she was treated as though
    she were crazy. The situation was treated as a ``family problem''--much
    like domestic violence was 20 years ago.
        Since my election to Congress, I have been working with my
    colleagues Rep. Peter King and Senators John Breaux, Orrin Hatch and
    Blanche Lincoln to pass the Elder Justice Act to protect vulnerable
    seniors, just like Rosemary's father from an increasing number of cases
    of physical and psychological abuse, neglect and financial
    exploitation. The bill enjoys wide bipartisan support and currently has
    105 cosponsors in the House and 24 cosponsors in the Senate.
        The Elder Justice Act has been endorsed by the Elder Justice
    Coalition, a national membership organization comprised of 525 groups
    and individuals dedicated to eliminating elder abuse, neglect and
    exploitation in America. Members include the National Committee for the
    Prevention of Elder Abuse, National Association of Adult Protective
    Service Administrators, National Academy of Elder Law Attorneys, AARP,
    National Association of State Ombudsman Programs and the National
    Association of State Units on Aging.
        Few pressing social issues have been as systematically ignored as
    elder abuse. Over the past 25 years, Congress passed comprehensive
    bills to address child abuse and crimes against women, yet there is not
    one full-time Federal employee working on elder abuse in the entire
    Federal Government. A comparison of federal money spent to fight abuse
    and neglect shows that $6.7 billion is spent on child abuse, $520
    million on domestic abuse, and only $135.5 million on elder abuse--less
    than 2 percent of federal dollars spent on abuse and neglect goes
    toward elder abuse. This lack of resources has staggering consequences.
    By addressing law enforcement, social service and public health
    concerns, the Elder Justice Act uses the proven, cost effective
    approaches that Congress has adopted to combat child abuse and violence
    against women.
        The Elder Justice Act is the first comprehensive federal effort to
    address and prevent elder abuse, neglect and exploitation. This
    legislation, would, for the first time, provide much needed support to
    state and local entities, which are on the front lines in combating
    this largely unreported, but growing problem. This bipartisan
    legislation will protect seniors by providing victim assistance,
    improved long-term care and support for at-risk elders, as well as
    providing resources to states for abuse prevention and improved
    prosecution. It will also make our communities safer for older people
    by developing new strategies and requiring prompt reporting of crimes
    in nursing homes.
        The Elder Justice Act also contains important research, training,
    forensics, and consumer information provisions which will help
    practitioners to detect, treat and prevent it in the most effective and
    cost-effective ways.
        The National Sheriff's Association has also endorsed the Elder
    Justice Act because they believe it is an effective approach which will
    give local law enforcement officials the tools they need to prevent the
    abuse, neglect and exploitation of seniors in their communities. The
    Elder Justice Act authorizes funding for efforts like the Triad
    program, which has been used by law enforcement agencies throughout the
    United States to develop effective local programs serving almost 18
    million seniors nationwide. My hometown of Chicago currently has 25
    active Triad programs in operation.
        There are a few additional key provisions in the bill that I would
    like to briefly mention:

              Increases Prosecution: The bill increases
            prosecutions by providing technical, investigative,
            coordination, and victim assistance resources to law
            enforcement to support elder justice cases.

              Provides Grants to Support Local Prosecutors:
            Provides grants for training, technical assistance, policy
            development, multidisciplinary coordination and other types of
            support to local prosecutor handling elder justice-related.

              Creates New Forensic Centers: The legislation creates
            new forensic expertise (similar to that in child abuse) to
            promote detection and increase expertise of elder abuse,
            neglect and exploitation.

              Requires Immediate Reporting of Crimes to Law-
            Enforcement: The bill requires the immediate reporting of
            crimes in long-term care settings to law enforcement.

              Provides Grant Funding for Adult Protective Services:
            The bill also provides dedicated funding for Adult Protective
            Services (APS) to assist victims.

              Establishes Elder Justice Coordinating Council: The
            bill elevates elder justice issues to a national by creating a
            public-private Coordinating Council to coordinate activities of
            all relevant federal agencies, States, communities and private
            and not-for-profit entities.

        To date, no federal law has been enacted that adequately and
    comprehensively addresses the issues of elder abuse, neglect, and
    exploitation. The Elder Justice Act is the first step toward laying the
    groundwork to develop a knowledge basis about elder abuse, neglect and
    exploitation, where there is no knowledge. This bill is an attempt to
    stimulate research and the development of an understanding of abuse so
    that strategies to combat it can be developed. With 77 million baby
    boomers aging, the country is simply not prepared to address the
    growing tide of elder abuse.
        After almost three decades of inaction on this critical issue since
    the first House hearings, the time for the House to act is now.
        Thank you.

        Mr. Scott. Thank you.
        Mr. Sestak?

      TESTIMONY OF THE HONORABLE JOE SESTAK, A REPRESENTATIVE IN
                CONGRESS FROM THE STATE OF PENNSYLVANIA

        Mr. Sestak. Thanks, Mr. Chairman and Ranking Member
    Gohmert.
        I visit senior facilities almost every weekend in my
    district. And in a lot of them, you find, as you do, that you
    find the seniors bursting with pride with the support they
    receive.
        And in a few of them, though, your heart aches from the
    cockroaches to the neglect.
        You mentioned my 31 years in the military. And I remember
    most well the lack of care and support for our troops as they
    return from Iraq at Walter Reed last year. This is worse.
        If passed into law, I honestly believe the Elder Abuse
    Victims Act I introduced will actually change the way that our
    Nation's justice system begins to protect our seniors from
    abuse, neglect and exploitation.
        Hubert Humphrey said it well. It is not only how well we
    take care of those in the dawn of life, the children, and those
    in the shadows of life, the sick, the disabled, the
    handicapped, but also those in the twilight of life, the
    seniors.
        I think it is important because seniors not only represent
    the history of our Nation, but they are vital to our
    communities, particularly so as the baby boomers, as my
    distinguished colleague mentioned, begin to retire and have so
    much more to offer our society as they live longer.
        Sadly, however, the incidence of elderly abuse appears to
    becoming almost an epidemic.
        One study said last year between 1 million and 2 million
    Americans age 65 or older has become victims of abuse. And this
    number is expected to rise significantly.
        The fact of the matter is our current approach is not
    working, nor will it be able to handle the influx of seniors.
    My colleague already mentioned the amount of money we wisely
    spend on child abuse and also the Violence Against Women Act of
    $500 million for that alone, both measures I support well.
        But when the total amount is so small for seniors, then it
    is time for this issue to be addressed.
        I like this Elder Abuse Victims Act because it provides a
    needed strategic approach to providing a foundation that
    inquires and identifies the best State practices and laws that
    are designed to protect our seniors from neglect, abuse or
    exploitation, overseen by the U.S. attorney general.
        It does this comprehensive review and study that is so much
    needed and looks at the various variations--different
    variations and definition standards, again, what my
    distinguished colleague mentions, that prevent the FBI from
    categorizing elder abuse in the national uniform crime
    reporting system.
        These variations are the result of the lack of one Federal
    body dedicated to this type of abuse to coordinate and oversee
    it.
        Having established within this bill two centralized bodies
    that can be in place, then we can have a uniform policy that
    States can align themselves with in order to have standard
    definitions and remove the confusion that I think leads to
    incidences of abuse going unreported. In fact, estimates are
    now that 84 percent of elder abuse cases go unreported.
        In my State of Pennsylvania last year, this decade over
    last decade, there has been a 20 percent increase in
    substantiated reports of elder abuse.
        Putting a face on it, take Louis Long, near my district,
    who died in March 2006 after a couple drained $84,000 from his
    bank account, purportedly, as he slipped into dementia. He
    became one of the 40 percent of elder abuse victims who suffer
    financial exploitation, never mind other times of exploitation,
    including sexual abuse.
        I believe we have also, by failing to act, have failed an
    elderly Alzheimer's patient in my district who was struck six
    times with a belt buckle by an aide in an assisted living
    facility.
        This leaves more than just bruises. Those who are abused
    are three times more likely to die within 10 years than those
    who are not.
        Most important is the emphasis in this bill on prosecution
    as the deterrent that we want and we need so badly to prevent
    this from happening. It will do so by establishing funding for
    elder abuse prosecutorial departments at the local, State and
    Federal level, training law enforcement officers in appropriate
    action in these cases, and fund nurse investigators to become
    experts in identifying elder abuse, under a comprehensive study
    that has provided definitions and best practices to look toward
    and align these States and localities towards.
        This is the reason I have introduced this focused
    legislation, the Elder Abuse Victims Act, and want to continue
    to fight during my time in Congress to help victims of abuse,
    the elderly of which we will all become.
        Again, as Hubert Humphrey said, part of the moral test of
    government is how well it treats the elderly, those in the
    twilight of life.
        Thank you for this opportunity.
        [The prepared statement of Mr. Sestak follows:]
      Prepared Statement of the Honorable Joe Sestak, a Representative in
                    Congress from the State of Pennsylvania
        Before I begin, I would like to thank Chairman Scott and Ranking
    Member Gohmert for inviting me to speak on a piece of legislation about
    which I feel so strongly. If passed into law, the Elder Abuse Victims
    Act will strengthen the way our justice system prosecutes perpetrators
    of elder abuse and protect its victims.
        Seniors represent this country's history and national memory. They
    are vital to our families and communities; however, the elderly are
    also vulnerable to physical, mental, financial, and sexual abuse.
    Sadly, the incidence of elder abuse in this country is a growing
    epidemic. Every year, according to one study, between one and two
    million Americans age 65 or older become victims of abuse. This number
    is expected to rise rapidly as the population of Americans age 65 and
    older grows from 35 million today to 60 million by 2030.
        However, the current approach to elder abuse will not be able to
    handle these changes. Last year, the federal government spent
    approximately $153 million on programs addressing elder abuse. The
    Department of Health and Human Services (HHS) spent approximately $143
    million and the Department of Justice spent $10 million. These funding
    levels pale in comparison to the $6.7 billion spent on child abuse and
    the $520 million mandated by the Violence Against Women Act (VAWA),
    both measures which I strongly support.
        The greatest failure of our nation's approach to elder abuse,
    however, is the prosecution of perpetrators of abuse. The Elder Abuse
    Victims Act addresses this failure by focusing on enforcement.
        This legislation requires a comprehensive review and study of
    states' elder justice systems, because state-to-state variations in the
    definitions and standards vary so widely that the FBI is unable to
    categorize elder abuse in the national Uniform Crime Reporting System.
        These variations are the result of a lack of one federal body
    dedicated to this type of abuse. Therefore, the Elder Abuse Victims
    Act, establishes the Center for the Prosecution of Elder Abuse,
    Neglect, and Exploitation at the American Prosecutor Research Institute
    and secondly, the Elder Justice Coordinating Council, whose membership
    would include the Secretary of Health and Human Services (HHS) and the
    Attorney General, among others.
        With two centralized bodies in place, we can then direct a uniform
    policy that aligns the wide spectrum of state and federal agencies that
    have jurisdiction over elder abuse cases, and reduce the confusion that
    leads to cases of abuse going unreported. This is significant because
    estimates suggest that as many as 84% of elder abuse cases go
    unreported.
        With 2 million senior citizens, the third largest elderly
    population in the country, this legislation is particularly important
    to the Commonwealth of Pennsylvania, my home state. According to the
    Pennsylvania Department of Aging, between 2006 and 2007 there were
    2,484 substantiated reports of elder abuse in Pennsylvania. That is a
    39.2% increase from the 2005-2006 level of 1,784 and a 19.7% increase
    from the previous decade. Considering that the fastest growing segment
    of Pennsylvania's population is those who are 85 years of age or older,
    this trend will worsen.
        As I meet the people behind these statistics at senior groups, I am
    troubled that we are failing victims like Louis V. Long, an elderly
    resident of Pottsville, Pennsylvania, who died in March 2006 after a
    couple purportedly drained $84,000 from his bank accounts as he slipped
    into dementia. He became one of the 40% of elder abuse victims who
    suffer financial exploitation and will continue to as the elderly are
    expected to control $10 trillion in assets within the next 10 years.
        I also believe we have failed an elderly Alzheimer patient that was
    struck at least six times with a belt buckle by an aide at an assisted
    living facility in King of Prussia, Pennsylvania, in my district. These
    acts leave more than just bruises; older adults who are abused are 3
    times more likely to die within 10 years than those who are not.
        In Pennsylvania we have a qualified Elder Abuse Unit at the State
    Attorney General's office that investigates and prosecutes individuals
    who deceive, cheat or abuse the elderly; the 26 prosecutors, agents and
    support staff of this unit, however, can not solve this growing
    epidemic alone. Federal legislation is needed immediately.
        According to a recent study by the National Academy of Sciences,
    HHS and the National Institutes of Health, the occurrence and severity
    of elder abuse is likely to increase in coming years. If we do not act
    now, a growing number millions of seniors will suffer from unabated
    physical, financial, and emotional abuse and neglect.
        The need for prosecution in this arena is so great that we can not
    risk losing the language of enforcement in the Elder Justice Act for
    political reasons. That is why I have introduced this more focused
    legislation, the Elder Abuse Victims Act, and will continue to fight
    for victims of abuse. As Hubert Humphrey once said, ``the moral test of
    government is how that government treats those who are in the dawn of
    life, the children; those who are in the twilight of life, the elderly;
    and those who are in the shadows of life, the sick, the needy and the
    handicapped.''
        Again, thank you for the opportunity to testify before this
    subcommittee.

        Mr. Scott. Thank you.
        Mr. Rothman?

    TESTIMONY OF THE HONORABLE STEVEN R. ROTHMAN, A REPRESENTATIVE
                IN CONGRESS FROM THE STATE OF NEW JERSEY

        Mr. Rothman. Thank you, Chairman Scott.
        First, let me say what a delight it is to be here before my
    former Committee and for you, Mr. Chairman, and Ranking Member
    Gohmert, and my other distinguished colleagues who are here.
        Thank you for your kind words, Howard.
        I am here this morning to talk about a success story that
    emanated from this Committee, but has now generated an even
    greater or, rather, made aware, made many of us aware of the
    greater needs that we need to address.
        I am here to ask your support for H.R. 2352, the ``School
    Safety Enhancements Act of 2007.''
        Back in 2000, when Chairman Hyde was the Chairman of this
    Committee, I got a letter from two middle-school girls, two
    separate letters, two different girls, two different middle
    schools in my district, working-class, middle-class schools.
        And it was shortly after Columbine and other incidents. And
    they wrote me and they said, ``Congressman Rothman, I don't
    feel safe in my school. There have gangs that have come in,
    kids bringing knives, some bringing guns. I am always afraid. I
    am always looking over my shoulder. I thought school was
    supposed to be a place I felt same in. It is not. You are our
    congressman. Can't you help me?"
        We had just finished the impeachment hearings and that
    whole saga. And nonetheless, the Judiciary Committee
    unanimously, Bob Barr included, from the far right to the far
    left, unanimously passed this bill, the original bill, which
    said we are not going to have a Federal mandate, but we will
    allow a 50-50 matching grant program so that if a school system
    has identified a need in their school for a metal detector,
    security cameras, locks on doors, training programs for school
    personnel on how to deal with intruders or to prevent
    intruders, there is a 50-50 matching grant, not a government
    mandate.
        If they want to put up half the money, the Federal
    Government will match it. We got it through the Committee
    unanimously and got it passed in the Republican House and
    Republican Senate and signed by the President.
        And it started out a $5 million program. And it was a huge
    success. In a sense, sadly it was a huge success, because of
    the need.
        And it was well over-subscribed. Then we got it up to $10
    million. That was over-subscribed. After all, there are 95,000
    schools, K-12, in the 50 States and U.S. territories.
        And the last appropriation we got was up to $15 million,
    again, over-subscribed. We have only been able to cover 2,400
    of the 95,000 schools, less than 1 in 40.
        And law enforcement has begged us to try to get more money,
    and we have every year. We have made some improvements in this,
    so we are asking for an increase. It was authorized for $30
    million. We have only been able to get $15 million.
        We would like to increase the authorization to $50 million,
    and maybe we will get closer to $50 million than we got to $30
    million.
        We have made some improvements in the bill. As the Chairman
    noted, while there was a provision in there that said, if it is
    a poor school that can't afford any match and can meet certain
    criteria, the Federal Government will pay for 100 percent of
    the costs, but there was so little money, in essence, so many
    poor schools got pushed to the side in order to get more
    schools outfitted than otherwise would have been the case.
        So we now have made it an 80-20 program, 80 percent Federal
    grant, with a 20 percent match by the locality. Again, it is
    not a Federal mandate. It is purely voluntary. So whatever the
    mores or the threshold of pain or threat or fear that a school
    district wants to live with, it is up to them.
        But if they come to the Federal Government, especially in
    these tough times, and say, ``We are willing to put up 20
    percent. Please bring us the money and your expertise to have
    security cameras, walkthrough metal detectors, wand metal
    detectors, security cameras, new locks on doors that cannot be
    broken into, et cetera,'' we are going to provide it,
    especially after a Virginia Tech, all of incidents.
        And, again, the Chairman was on the money. How many
    States--the majority of States have had these incidences in
    schools K-12, as well as colleges and universities.
        Another technical improvement that we added was funding for
    hotlines. It turns out that when kids know there is a hotline
    that they can call, that we have reduced the number--the
    incidences of violence and been able to stop before they happen
    some terrible, terrible tragedies. Simple solution, but it
    requires some funding, and that is in the bill, as well.
        Finally, we have added a public safety and I believe a
    homeland security component, which requires that each college
    and university at that level provide an annual campus safety
    assessment and show a plan that implements an emergency
    response plan that will address natural disasters, active
    shooter situations, as well as terrorist attacks.
        I don't need to tell you that it has been well
    demonstrated, unfortunately, that we need to have schools
    prepared with a plan. Again, they make up their own plan. We
    just say, ``You have to have a plan.''
        Finally, just to remind my distinguished friends and
    colleagues what those two young ladies said to me--and, by the
    way, you should have seen the looks on their faces after we
    outfitted their schools. It just doesn't get--as a father of
    five, it doesn't get better when kids come up to you and say,
    ``Thank you. I feel safe now. I don't have to worry that
    somebody is going to kill me.''
        Schools should be a place where kids feel safe. This is a
    voluntary program, not a Federal mandate. I hope you
    distinguished ladies and gentlemen will support this program.
        Thank you.
        [The prepared statement of Mr. Rothman follows:]
    Prepared Statement of the Honorable Steven R. Rothman, a Representative
                    in Congress from the State of New Jersey
        I would like to thank Chairman Scott, Ranking Member Gohmert, and
    the Members of the Subcommittee for this opportunity to testify before
    you in support of H.R. 2352, the School Safety Enhancements Act of
    2007.
        Far too often, Americans turn on the television or open up the
    newspaper and learn about yet another school shooting or fight. It has
    become a tragic reality that guns and other weapons are being brought
    into schools all across America. Children are forced to wonder whether
    they are safe in school--a place once thought to be a guaranteed safe
    haven.
        Whether it is fighting terrorism or working to keep our schools
    free of violence, I have always believed that the government's first
    responsibility is to protect the people. Our government must help to
    ensure that our children are safe and protected from violence of any
    kind in school. School violence is a real danger, from New Jersey to
    California and everywhere in between, and in my view the federal
    government has an obligation to help local municipalities and property
    taxpayers cover the cost of implementing new school safety initiatives.
        That is why in 2000, as a member of the House Judiciary Committee,
    I, along with then Judiciary Chairman Henry Hyde (R-IL), started the
    Secure Our Schools program. Secure Our Schools is a matching federal
    grant program administered by the Community Oriented Policing Services
    (COPS) Office, of the Department of Justice. Under this program,
    specific security measures are not mandated by the federal government.
    Rather, the funds assist local school districts with the costs of those
    measures they choose to enact. Secure Our Schools gives grantees the
    opportunity to establish and enhance a variety of school safety
    equipment and/or programs to continue to improve school safety efforts
    within their communities.
        Secure Our Schools grants may be used to install metal detectors,
    locks, improved lighting, and other deterrent measures that will help
    keep students safe. With walkthrough metal detectors available for
    $1,750 and handheld wand metal detectors available for $145, just to
    name a few of the security measures that can be taken, significant
    progress can be made in preventing weapons from being brought into our
    schools, while saving local property taxpayers from bearing the full
    cost of these security initiatives. Secure Our Schools addresses a
    variety of existing and emerging problems relating to school security
    through responses that range from traditional to innovative and rely on
    both new technology and the experience of school administrators and law
    enforcement professionals.
        In response to the tragic events that took place at Virginia Tech
    one year ago yesterday, I introduced H.R. 2352, the School Safety
    Enhancements Act of 2007. The School Safety Enhancements Act would make
    several changes to the Secure Our Schools Program. Most notably it
    would:

              Increase the federal share of elementary and
            secondary school security upgrades to 80% and lower the local
            responsibility to 20%. This will ensure that even those
            localities that are cash strapped can afford to protect their
            children without raising property taxes.

              Allow for the funding to be used for the creation of
            hotlines for the reporting of dangerous situations, which have
            proven effective throughout many school districts across the
            nation.

              Increase the authorization level of this critical
            program to $50 million annually which, if appropriated, would
            allow a large number of additional schools to obtain grants.

              Require all institutions of higher education to
            develop, on an annual basis, a campus safety assessment and
            implement of a campus emergency response plan to address a
            number of emergency situations such as natural disasters,
            active shooter situations, and terrorist attacks.

        Since 2002, Secure Our Schools grants have been awarded to a total
    of 572 law enforcement agencies that have partnered with more than an
    estimated 2,400 schools in 50 states and territories. In the past year
    alone, 152 law enforcement agencies received grants to improve their
    school safety and security measures.
        With over 14,000 law enforcement agencies in the U.S. and 95,615
    public K-12 schools in the nation, increased funding would clearly
    allow us to reach a larger number of children and communities.
        A secure school environment provides young people with an
    educational environment free from unnecessary distractions, and full of
    opportunities to learn. When children know they are safe at school,
    they can focus on what is being taught in class, and thus excel with
    their schoolwork. I developed the Secure Our Schools Act in direct
    response to concerns over school safety expressed to me by children,
    parents, and teachers from my Congressional District. They wrote to me
    asking for my help to keep students safe in their schools. As the
    father of two public school children myself, these letters touched me
    deeply and I felt compelled to take action. I hope you will also join
    me in this fight to ensure that each and every one of our
    schoolchildren is kept safe from harm.
        Thank you for your time and consideration and I look forward to
    working with you to pass the School Safety Enhancements Act of 2007.

        Mr. Scott. Thank you.
        Mr. Klein?

       TESTIMONY OF THE HONORABLE RON KLEIN, A REPRESENTATIVE IN
                   CONGRESS FROM THE STATE OF FLORIDA

        Mr. Klein. Thank you, Chairman Scott, for allowing me to
    participate. And as Chairman Conyers said, I am along here with
    a very distinguished panel and privileged to be part of this to
    discuss elder abuse, senior safety and security, school safety.
        And the issue which we are going to talk about in this
    resolution is A Child Is Missing Alert and Recovery Center Act.
        Ranking Member Gohmert, you very well stated all the good
    reasons why we need to do this.
        And, Chairman Scott, thank you for taking the time to
    discuss this with me and provide your leadership in bringing
    this forward.
        H.R. 5464 is called the ``A Child Is Missing Alert and
    Recovery Center Act.'' And it would expand the widely praised A
    Child Is Missing not-for-profit organization into a national
    program with regional centers under the Department of Justice.
        It would accomplish this expansion through annual grants
    from the attorney general in the amount of $5 million from 2009
    through 2014.
        The funds would allow for the purchase of future
    technologies and techniques, centralized and on-site training,
    and for the distribution of information to Federal, State, and
    local law enforcement agency officials on the best ways to
    utilize the around-the-clock services provided by the A Child
    Is Missing Alert and Recovery Center.
        Currently, A Child Is Missing is the only program of its
    kind that assists in all missing cases, including abduction,
    children who are lost, wander or run away, or adults with
    special needs, such as the elderly who suffer with Alzheimer's,
    which is a major problem in my district in South Florida and
    other places around the country, with dementia and other
    reasons why people would wander from a facility or a home.
        When a person is reported missing to the police, A Child Is
    Missing utilizes the latest technology to place 1,000 emergency
    telephone calls every 60 seconds to residents and businesses in
    the local area where the person was last seen.
        It works in concert with the Amber Alert and all child
    safety programs and has the support of law enforcement agencies
    all across the United States.
        A Child Is Missing also fills a critical gap in time in the
    most dangerous cases. Although the Amber Alert has been an
    extremely successful program, there is still a crucial void
    from when a child is first reported missing and when an Amber
    Alert, which is activated only in cases of criminal abduction,
    can be issued, which is approximately 3 to 5 hours.
        This critical period of time can be the difference between
    whether a child lives or dies. A Washington state attorney
    general's office study showed that among cases involving
    children abducted and murdered 74 percent were slain in the
    first 3 hours. So this time element is essential.
        Adding to the problem is the resource and manpower
    limitations facing many local law enforcement agencies. Roughly
    half of these offices in the United States have 25 or fewer
    officers. And an average 12-hour search for a missing child can
    cost as much as $400,000.
        A Child Is Missing helps to fill this critical gap in time,
    as well as complement the Amber Alert during its ongoing
    search. We know this for a fact because we have heard it from
    countless law enforcement agencies and officers all across our
    country, and you will hear it again during the next panel.
        So this issue isn't whether A Child Is Missing works or
    not; the real issue is that not enough local communities have
    access to the program.
        As you will learn from the founder and President of A Child
    Is Missing, Sherry Friedlander, who is a remarkable woman who
    came up with this idea and has fully implemented it in Fort
    Lauderdale, the program has been a remarkable success in
    spreading the program and its success to all over the country.
        But if we are going to bring this program to every
    community in America, then we will need to leverage the
    resources of the Federal Government, and that is what my
    legislation attempts to do.
        H.R. 5464 has broad bipartisan support in Congress. And we
    count co-sponsors from all over the country, including Ohio,
    Kentucky, Texas, Indiana and New York.
        On the Senate side, companion legislation was introduced by
    Senator Menendez and is co-sponsored by Senator Hatch, the
    distinguished former Chairman of the Senate Judiciary
    Committee.
        We have such support because A Child Is Missing provides a
    service that transcends politics. Our children are not
    partisan; they are not Democrats or Republicans. They all our
    children.
        And all of us require that responsibility and their
    protection requires our cooperation and working together, just
    like this Subcommittee is going to do today.
        I want to thank the Chairman, again, and Ranking Member for
    inviting me to testify today, and I hope that I will have the
    support of this Subcommittee as we move forward with H.R. 5464,
    the ``A Child Is Missing Alert and Recovery Center Act.''
        Thank you very much, Mr. Chairman. I yield back the time.
        [The prepared statement of Mr. Klein follows:]
      Prepared Statement of the Honorable Ron Klein, a Representative in
                       Congress from the State of Florida
        Thank you, Chairman Scott and Ranking Member Gohmert, for holding
    this important hearing today and for allowing me to testify in support
    my legislation, H.R. 5464, the ``A Child Is Missing Alert and Recovery
    Center Act.''
        H.R. 5464 would expand the widely-praised A Child Is Missing non-
    profit organization into a national program with regional centers under
    the Department of Justice. It would accomplish this expansion through
    annual grants from the Attorney General in the amount of $5 million
    from 2009 through 2014.
        The funds would also allow for the purchase of future technologies
    and techniques, centralized and on-site training, and for the
    distribution of information to Federal, State, and local law
    enforcement agency officials on the best ways to utilize the round-the-
    clock services provided by the A Child Is Missing Alert and Recovery
    Center Act.
        Currently, A Child Is Missing is the only program of its kind that
    assists in all missing cases involving abduction, children who are
    lost, wander or run away, or adults with special needs such as the
    elderly who suffer with Alzheimer's, which is a major problem in my
    district in South Florida.
        When a person is reported missing to the police, A Child Is Missing
    utilizes the latest technology to place 1,000 emergency telephone calls
    every 60 seconds to residents and businesses in the area where the
    person was last seen. It works in concert with the AMBER Alert and all
    child safety programs, and has the support of law enforcement agencies
    all across the country.
        A Child Is Missing also fills a critical gap in time in the most
    dangerous cases. Although the AMBER Alert has been an extremely
    successful program, there is still a crucial void from when a child is
    first reported missing and when an AMBER Alert, which is activated only
    in cases of criminal abduction, can be issued, which is approximately
    three to five hours.
        This critical period of time can be the difference between whether
    a child lives or dies. A Washington State Attorney General's office
    study showed that among cases involving children abducted and murdered,
    74 percent were slain in the first 3 hours.
        Adding to the problem is the resource and manpower limitations
    facing many local law enforcement agencies. Roughly half of these
    offices in the United States have 25 or fewer officers, and an average
    twelve-hour search for a missing child can cost as much as $400,000.
        A Child Is Missing helps to fill this critical gap in time as well
    as complement the AMBER Alert during its ongoing search. We know this
    for a fact because we've heard it from countless law enforcement
    officers all across America, and you will hear again during the next
    panel.
        So the issue isn't whether A Child Is Missing works or not. The
    real issue is that not enough local communities have access to the
    program. As you will learn from the founder and President of A Child Is
    Missing, Sherry Friedlander has done a remarkable job spreading the
    program to all 50 states. But if we're going to bring the program to
    every community in America, then we'll need to leverage the resources
    of the federal government, and that's what my legislation attempts to
    do.
        H.R. 5464 has broad bipartisan support in Congress. I count
    cosponsors from all across the country, including Ohio, Kentucky,
    Texas, Indiana and New York. On the Senate side, companion legislation
    was introduced by Senator Menendez and is cosponsored by Senator Hatch,
    the distinguished former chairman of the Senate Judiciary Committee.
        We have such support because A Child Is Missing provides a service
    that transcends politics. Our children are not Democrats or
    Republicans. They are all our children and all our responsibility, and
    their protection requires us to work together, much like this
    subcommittee is doing today, to do what's best for their continued
    safety.
        I want to thank the Chairman and Ranking Member for inviting me to
    testify today, and I hope that I will have the support of this
    subcommittee as we move forward with H.R. 5464.
        Thank you.

        Mr. Scott. Thank you very much. I thank all of our
    witnesses.
        Do any of the Members have compelling questions that have
    to be asked?
        The gentleman from--Ranking Member Johnson, Mr. Johnson,
    the gentleman from Georgia?
        Mr. Johnson. Thank you, Mr. Chairman.
        I would just point out the fact that, with the exploding
    foreclosure crisis that exists now, and the fact that many
    school systems are dependent on property taxes to fund the
    schools, and the fact that we have had so many unfunded
    mandates passed down from State and Federal Government to the
    local governments, local governments need help, in terms of
    providing for school safety.
        And so I am glad that we are considering increasing the
    amount of money that is available for school safety and to make
    that money more accessible to communities that don't have the
    funds to provide for security.
        And as far as elder abuse cases go, many cases take place
    in nursing homes. Of course, we have great nursing homes, but
    we also find some that are challenged. And these nursing homes
    oftentimes are not held accountable for what goes on inside.
        And so oftentimes, when the criminal justice system is
    unprepared to act, the relatives and next of kin of elderly who
    have been subjected to abusive practices often have only to
    turn to the civil courts to get justice.
        And when they go to the civil court, they are often
    confronted with the fact that their nursing home contract that
    they signed when they committed their elderly relative to the
    nursing home contains the pre-dispute mandatory binding
    arbitration clause, which are held to be enforceable by the
    courts, and they prevent the parties from getting justice in
    court.
        And so this is why we need to protect our elderly through
    the criminal processes and make sure that we provide the
    resources that are needed to take care of this problem, which
    is only going to get worse as more and more people become
    elderly and live longer.
        Thank you.
        Mr. Scott. Thank you.
        The gentleman from Ohio?
        Mr. Chabot. Thank you, Mr. Chairman. I will be very brief.
        I want to thank Mr. Klein especially for his leadership in
    this particular piece of legislation, H.R. 5464, the ``Child Is
    Missing Alert and Recovery Center Act.''
        I also want to recognize and thank one of the witnesses
    that will be testifying here shortly, Sherry Friedlander, who
    is originally from Cincinnati, even though she is down in Fort
    Lauderdale now. I want to thank her for making this program
    happen.
        And the program, of course, would authorize $5 million in
    grants. And it fills a void between the initial reports to law
    enforcement of a missing child or adult and before the Amber
    Alert comes out.
        And I know that there has been some issue relative to some
    interpreting as perhaps a hoax call. And I would--I know that
    is one of the areas that we are particularly interested in to
    make sure that that is not an issue.
        And a number of the law enforcement agencies in both my
    district, including the Hamilton County sheriff's department,
    the Norwood Police Department, and Forest Park, and in the
    district next to mine, in Deer Park, have vouched for the
    benefits of this program.
        So I again want to thank Mr. Klein for his leadership in
    this. I am the lead Republican on it.
        Unfortunately, I am not going to be able to stick around,
    because I am the Ranking Member of the Small Business
    Committee, and we have a hearing going on over there, and I
    have to go back or Ms. Velazquez will be very upset with me. So
    I have to get back and deal with her.
        But thank you very much for holding this hearing, and I
    yield back my time.
        Mr. Scott. Thank you.
        The gentlelady from Wisconsin?
        Ms. Baldwin. No questions of this panel. Thank you.
        Mr. Scott. Thank you very much. We thank all of our
    witnesses, Mr. Chairman, for testifying--just a minute.
        Ranking Member, Mr. Gohmert?
        Mr. Gohmert. Thank you, Chairman Scott. And I do appreciate
    the work for children and schools.
        I would like to ask, I guess, Congressman Emanuel, on the
    issue of the Elder Justice Act, Chairman Conyers alluded to it,
    and I do appreciate my friend, Mr. Johnson, indicating the
    problem is only going to get worse.
        You are so right. It seems, as technology improves,
    medicine improves, we are able to keep the bodies alive longer
    than we are able to keep the mind as active. And as my friend,
    Ms. Baldwin, indicated, those who have dealt closely with
    elderly family members, most of us have been surprised how much
    they get inundated by mail, by phone calls, and sometimes in
    person, at times when they are often less able to discern what
    is a fraud.
        In the old days, I think their generations called them
    confidence men, and that is exactly what they are. They come
    in, and they befriend, and maybe they are mad at a family
    member--I have seen this in other family situations--and, boy,
    just take advantage of the situation, get close to them, and
    then take everything they have.
        It is my understanding, Congressman Emanuel, of the Senate
    program or the Senate bill that they do not have the DOJ
    provisions and that, if we were going to move this quickly and
    get it into law quickly, that it may be easier without the DOJ
    provisions.
        And as I mentioned in my opening statement, I think the
    real expertise in prosecuting these things has been with State
    and local. And I really do appreciate your pushing this bill to
    begin with. I didn't realize it had been 17 years. My goodness.
        But this is a critical issue, but I wondered about that
    possibility of moving forward. Congressman Sestak has a
    provision, as I understand, might allow that part to be
    standalone so we could move forward, the House pass it, and we
    got one like the Senate, and it becomes law.
        What is your thought on that?
        Mr. Emanuel. Well, two or three things that I can bring up
    to point here.
        One is--and I will not speak for the senators, but they do
    support how we have drafted the legislation, and it happens to
    be jurisdictional, vis-a-vis over there as opposed to what we
    do here.
        Second is the National Sheriff Association supports the
    legislation as is. And they have a good take on why it requires
    that piece of it.
        Third is that--more than willing, without taking a lot of
    time with everybody, maybe my staff and your staff can sit down
    and we can see if we can work around or see if we can resolve
    some of your concerns, if not.
        I happen to think this has the right balance, in the sense
    it doesn't put Federal laws in place in sense of ex crimes, but
    it assists at the State and local level so they can actually
    pursue the cases at that level. As we said, it sets national
    standards.
        One of the things that I think, as Chairman Scott showed
    when he was a State Senator, some States are doing certain
    things. Certain States don't know whether they are falling
    behind or leading the pack. We need national standards,
    national resources, and a help on the national enforcement
    level.
        I would note--and this brings up with something that
    Congressman Johnson noted--in the prescription drug bill, there
    was a study to be done on having background checks for people
    working at nursing homes. One of the things that we called on
    is that report to be issued by CMS in the next 6 months,
    because it showed that they prevented 500 people going to get
    jobs in nursing homes who actually had a background that should
    have stopped them even from applying.
        And hopefully we can have that report issued so we can then
    make sure that all States do background checks for people
    working at nursing homes. That is not what is done there.
        And, again, I want to remind you, as I said earlier--and
    hopefully my staff will sit down with your staff so we can try
    to work through this issue--it doesn't set national laws, it
    doesn't make it a national crime, or a Federal, rather, but it
    gives the resources, the type of enforcement, and the type of
    standards that we need so, in fact, all our States and local
    law enforcements are doing the job they need to do and have the
    backing that they did.
        And as we saw on child abuse and we saw on domestic
    violence, until you do that, it will always be put to the side
    as a family issue and not the type of concern that needs to be
    brought.
        But hopefully we can work together and resolve your
    concern.
        Mr. Gohmert. Oh, and one other issue would be the criminal
    laws. That was brought up a moment ago.
        And it does seem--I mean, there is no question, even with
    someone that tries to be as constitutionally strict as I do, we
    have jurisdiction over matters in interstate commerce, and that
    includes the mail, that includes telephones, and those are
    being used to defraud our elderly.
        I was at a dialysis center and somebody came up and said
    they had an elderly person on dialysis and they would have been
    hit up for some home improvement. Stuff came in the mail. They
    got involved. And now they are paying 80 percent interest. I
    said, ``No, we have laws against that,'' and come to find out
    we didn't and we don't.
        So some usury laws, but also, if you are using the mail--
    and particularly make the elderly a protected class, we may be
    able to further the criminal laws.
        Mr. Emanuel. Mr. Chairman, we will work with all due speed
    to try to resolve the concerns that the Ranking Member----
        Mr. Gohmert. Well, that may need to be a separate bill.
        Mr. Emanuel. Yes, it may be. But I know one thing: What I
    don't want to do, as just a cautionary yellow light, is passed
    an elder abuse bill that doesn't have any oomph behind it.
        And my concern is, if you don't have the Department of
    Justice in some way helping coordinate, having the office and
    the resources available, given that we talked about $8 billion
    and only less than 2 percent dedicated to this issue, I think
    we would be doing a disservice, not only to the elderly, but
    the law enforcement that is on the front line--and we would be
    actually basically, in my view, winking at a serious problem
    and not doing what we really need to do.
        And I don't--I think we can work through this. I really do.
    But I don't think you want to participate, nor do I, in one
    that really is something fake, it makes us feel good and does
    nothing to prevent the crimes or enforce them.
        Mr. Gohmert. I don't think there will be any winking.
        Mr. Emanuel. There won't.
        Mr. Gohmert. I think there will be fists in play here. So
    thank you.
        Mr. Emanuel. Well, okay, then I think then--let us help you
    get comfortable with it.
        Mr. Rothman. Mr. Chairman?
        Mr. Scott. Oh, I am sorry, excuse me.
        Mr. Emanuel. That is what happens when you bring former
    Members back.
        Mr. Rothman. I apologize and appreciate your indulgence. I
    wanted to make two points I didn't make very briefly.
        Number one, in 2000, while there were many problems of
    violence at all levels of our school system, it has only
    increased and in particular because of the prevalence of gangs.
    Gangs are now everywhere. It is not just in inner city; it is
    not any one community. Gangs are everywhere.
        And if you talk to local law enforcement, they need every
    amount of resource they can get. And when you talk to the kids,
    they are more afraid now than ever, and that is why we need to
    have these programs, so they can at least feel free from fear
    and feel safe in the school setting, so that they can not only
    be safe, but so that they can learn, because you cannot learn
    in an atmosphere of fear.
        And, finally, if I didn't make this point earlier, this is
    a local program where local law enforcement provides the
    expertise and works hand-in-glove with the school systems.
        So this is not some Federal law enforcement agency. We
    provide the resources; we provide the expertise. But in the
    end, it is local law enforcement working hand-in-glove with the
    school system, implementing these new Federal ideas with
    Federal money, with a predominance of Federal money.
        But that is one of the reasons why it is so effective:
    Federal money, local law enforcement, local school systems.
        Thank you, Mr. Chairman.
        Mr. Scott. Thank you.
        If there are no further questions, I want to thank the
    panel for your testimony. And we appreciate your being with us
    today.
        Our next panel, if they would come forward.
        Our first witness will be Mr. Robert Blancato, the national
    coordinator, Elder Justice Coalition, Washington, DC. He served
    for 6 years as President of the National Committee for the
    Prevention of Elder Abuse. He is a former House staff member,
    serving 17 years on the House Select Committee on Aging.
        He is executive director of the 1995 White House Conference
    on Aging. He has a B.A. from Georgetown University and a MBA
    from the American University.
        Our next witness will be Sherry Friedlander-Olsen, the
    founder and CEO of A Child Is Missing program. A Child Is
    Missing is a national nonprofit organization dedicated to
    assisting law enforcement in the early and safe recovery of
    missing children, the elderly, college students, and the
    disabled.
        She is actively involved in many areas of her community and
    has been distinguished in many awards, including Citizen of the
    Year in 2005 for Broward County Sheriff's Office in Florida.
    She also received the J. Edgar Hoover Humanitarian Award in
    1999 for the National Association of Police Chiefs.
        Our next witness, the gentleman from Georgia has asked to
    introduce our next witness.
        Mr. Johnson. Thank you, Mr. Chairman.
        I am proud to introduce our next witness, a fellow
    Georgian, Mr. Vernon Keenan, director of the Georgia Bureau of
    Investigation. Beginning his career in my congressional
    district, the 4th Congressional District of Georgia, Mr. Keenan
    entered law enforcement in 1972 as a uniformed police officer
    in DeKalb County, and he has made his way up the ranks, doing
    it the old-fashioned way.
        In 1973, he became a Georgia Bureau of Investigation
    special agent. And throughout his career, he has been promoted
    to every sworn rank in the agency.
        In 2003, he was appointed as the director of the Georgia
    Bureau of Investigations by Governor Sonny Perdue. And as
    director, Mr. Keenan is responsible for managing a law
    enforcement agency of close to 900 employees with a budget of
    about $90 million.
        A graduate of Valdosta State University with a bachelor of
    science degree in criminal justice, he also holds a master's
    degree in public administration from the Columbus State
    University.
        And Mr. Keenan is also a graduate of the FBI National
    Academy and Command College of the Georgia Association of
    Chiefs of Police.
        Thank you, Mr. Keenan, for joining us today, and we look
    forward to your testimony.
        And I yield back. Thank you.
        Mr. Scott. Thank you.
        Mr. Blancato?

       TESTIMONY OF ROBERT BLANCATO, NATIONAL COORDINATOR, ELDER
                   JUSTICE COALITION, WASHINGTON, DC

        Mr. Blancato. Chairman Scott, Judge Gohmert, Members of the
    Subcommittee, on behalf of the nonpartisan, 556-member Elder
    Justice Coalition, I testify today in strong support of H.R.
    1783, the ``Elder Justice Act.''
        This hearing is held during National Crime Victims' Rights
    Week. A victim of elder abuse, neglect or exploitation is a
    crime victim, but the impact is especially severe because of
    the age and the vulnerable nature of the victim.
        Our coalition salutes the strong leadership of Congressman
    Rahm Emanuel, the author of H.R. 1783, as well as Congressman
    Peter King. We note that 12 of the 135 co-sponsors of the bill
    are Members of the Judiciary Committee, including Subcommittee
    Members Mr. Johnson and Ms. Baldwin.
        Passage of H.R. 1783 is long overdue. The bill is
    necessitated by the combination of a growing national problem
    and an anemic Federal response to the problem.
        Elder abuse takes on many forms, including physical,
    emotional, sexual and financial. The common thread involving
    elder abuse is that it involves one or more persons
    establishing and then violating a trust relationship with a
    vulnerable older person.
        National data on elder abuse provides some disturbing
    present-day realities and future trends. According to the
    National Center on Elder Abuse, each year between 1 million and
    2 million Americans 65 and over have been injured, exploited,
    or otherwise mistreated by someone on whom they depended for
    care or protection.
        For every case of elder abuse, at least five more go
    unreported. Another 20,000 cases of abuse in nursing homes were
    reported by State Long-Term Care Ombudsman program.
        Among perpetrators of elder abuse, as has been noted, 80
    percent were either a family member of or in an ongoing
    relationship with the victim. According to the Department of
    Justice, crime victims 65 and over lost a total of $1.3 billion
    due to personal and property crimes in 2005, including Internet
    fraud.
        Finally, the average elder abuse victim is an older woman
    in her upper 70's living alone. Today, 48 percent of all women
    75 and over now live alone.
        As striking as national data may be, elder abuse happens
    locally. We review news articles from the States where the
    Members of this Subcommittee reside and found a total of 67
    articles in just the month of March regarding elder abuse. And
    they have been submitted for the record.
        The Elder Justice Act has been proposed in each of the last
    few congresses. It always has enjoyed significant bipartisan
    support. It has passed the Senate Finance Committee on two
    occasions. And a small provision of the act dealing with data
    collection was actually included in public law in the 109th
    Congress.
        The Elder Justice Act also served to promote changes in the
    Older Americans Act, when Congress broadened in 2006 the role
    of the administration on aging related to elder justice and
    elder abuse, including the coordination of elder justice
    activities.
        H.R. 1783 includes, among its key provisions, the first-
    ever dedicated Federal funding for Adult Protective Services,
    the critical program in every State that assists victims and
    works with law enforcement.
        It provides improved APS training and investigations
    through Federal coordination and demonstration grants from the
    Department of Health and Human Services and provide grants to
    improve ombudsman capacity, conduct pilots, provide support,
    and improve training.
        It also contains provisions related to law enforcement and
    the Department of Justice, as has been noted, including forming
    an Elder Justice Coordinating Council and an advisory board to
    that to foster coordination throughout the Federal Government
    on elder abuse. And law enforcement would be represented in
    both these commission.
        Grants would be provided for mobile and stationary forensic
    centers to help develop better expertise on elder abuse and
    exploitation. Adult Protective Services grants would interface
    with law enforcement when abuse is found.
        A national training institute for surveyors of long-term
    care facilities would be established in the bill.
        And very importantly, since it has come up some times this
    morning, immediate reporting of crimes in nursing homes to law
    enforcement is called for in this bill.
        There are also important grant programs, including those
    that review model State laws and practices, provide victims
    advocacy grants for law enforcement training, support for
    local, State and Federal prosecutors, and specialized training
    for law enforcement in the case of elder abuse.
        H.R. 1783 makes elder abuse prevention a higher priority in
    the Department of Justice. The grants that are proposed are
    sound investments.
        There must be a level of shared responsibility in elder
    abuse prevention. Older people need to be more vigilant to
    protect themselves and their assets. We must remember that all
    seniors do not have equal capacity to manage their financial
    resources. Where assistance is needed, we need to ensure
    maximum reasonable decision-making for vulnerable seniors whose
    resources are at stake.
        The shared responsibility for protecting the Nation's
    elders against abuse must extend to the Federal Government. Our
    current policy of directing paltry sums in a piecemeal fashion
    is not the answer.
        A comprehensive and effective approach, as embodied in the
    Elder Justice Act, is the way we need to go. As the number of
    older people increase in our Nation, so does the potential for
    more elder abuse.
        We have an opportunity to get ahead of the curve. We ask
    you to report out H.R. 1783 so we can get one step closer to it
    becoming public law this year.
        Thank you, Mr. Chairman.
        [The prepared statement of Mr. Blancato follows:]
                     Prepared Statement of Robert Blancato
        Chairman Scott and Members of the Subcommittee, on behalf of the
    nonpartisan 556 member Elder Justice Coalition, I appreciate the
    invitation to testify today regarding H.R. 1783, the Elder Justice Act.
    The coalition commends this subcommittee for holding this hearing. We
    hope it proves to be a catalyst for passing this worthwhile legislation
    in the House. We especially thank you for holding this hearing during
    National Crime Victims' Rights Week. A victim of elder abuse, neglect,
    or exploitation is a victim of a crime, but the impact of these crimes
    is especially severe because of the age and vulnerable nature of the
    victim. Frankly, Mr. Chairman, we need more than a designated week to
    address a daily national disgrace.
        The Elder Justice Coalition also commends Representatives Rahm
    Emanuel (D-IL) and Rep. Peter King (R-NY), the co-authors of the Elder
    Justice Act. They have been longstanding champions of this legislation.
    We also salute the 105 co-sponsors of the bill, including the following
    Members from the Judiciary Committee: Representative Baldwin,
    Representative Berman, Representative Boucher, Representative Cohen,
    Representative Delahunt, Representative Johnson, Representative
    Lofgren, Representative Sanchez, Representative Sutton, Representative
    Wasserman Schultz, Representative Weiner, and Representative Wexler.
        H.R. 1783 addresses elder abuse, neglect, and exploitation and its
    passage is long overdue. The legislation is necessitated by the
    combination of a growing national problem and an anemic federal
    response to the problem.
        Elder abuse is a multifaceted issue. The abuse takes on many forms,
    including physical, emotional, sexual, and financial. The common thread
    involving elder abuse is that it involves one or more persons
    establishing and then violating a trust relationship with a vulnerable
    older person.
        National data related to elder abuse provides some disturbing
    present-day realities and future trends:

              According to the National Center on Elder Abuse 2005
            fact sheet: Best available estimates are each year between 1
            and 2 million Americans age 65 and over have been injured,
            exploited or otherwise mistreated by someone on whom they
            depended for care or protection.

              For every one case of elder abuse, neglect,
            exploitation or self-neglect reported to authorities, at least
            five more go unreported. As a result, the Senate Special
            Committee on Aging has estimated the number of elder abuse
            cases nationally at more than 5 million.

              A 2004 survey of Adult Protective Service agencies
            revealed a 19.7 percent increase in the combined total of
            reports of elder and vulnerable adult abuse and a 15.6 percent
            increase in substantiated cases since 2000.

              Overall, APS agencies received more than 556,000
            reports of suspected elder abuse in 2004.

              Another 20,000 cases of abuse in nursing homes were
            reported by State Long-Term Care Ombudsman Programs. It should
            be noted that this is only one of several possible reporting
            sources, suggesting the number of nursing home abuse cases may
            be considerably higher.

              Of a group of more than 190,000 substantiated cases
            of elder abuse reported to APS, the two highest forms were
            caregiver neglect and financial exploitation.

              Among perpetrators of elder abuse, 80% were either a
            family member of or in an ongoing relationship with the victim.

              According to the Department of Justice Office of
            Victims of Crime, crime victims 65 and over lost a total of
            $1.3 billion due to personal and property crimes in 2005,
            including internet fraud complaints. The median loss for those
            60 and over was $866, higher than any other age group.

              The average victim of elder abuse, according to
            various studies, is an older woman in her upper 70's living
            alone. According to the most recent Profile of Older Americans
            issued by the Administration on Aging, 48 percent of all women
            75 and over now live alone. Sadly, data is lacking regarding
            abuse across race, religion, ethnicity and the diversity of
            other elderly sub-population groups.

              Earlier studies pointed to the fact that as much as
            70 percent of the wealth in our nation is controlled by persons
            50 and over, a trend which will continue at the same time as
            elder financial abuse is one of the fastest rising forms of
            elder abuse.

        Perhaps the most graphic impact of elder abuse can be found in the
    text of a study by Dr. Mark Lachs entitled ``The Mortality of Elder
    Mistreatment.'' The study looked at 176 older persons over a 13 year
    period and found that those who were reported to APS for elder
    mistreatment had a 9% survival rate over that time period vs. a 40%
    survival rate for the persons not so reported, adjusted for disease,
    cognitive status and several other factors.
        As striking as the national data may be, elder abuse, neglect, and
    exploitation are intensely local issues as well. One of the better
    sources of information that we use to track elder abuse cases is the
    newsfeed provided as a service by the National Center on Elder Abuse.
    In preparation for this hearing, we reviewed articles from the States
    where the Members of this Subcommittee reside and found a total of 67
    articles in just the month of March regarding abuse. A complete list of
    these articles is included as an attachment. The problem is a local,
    state, and national one. The solution must involve all three entities.
    In fact, that is the strength of the Elder Justice Act, which helps
    coordinate and fund programs but also enables states and local
    communities to run programs that best serve their needs.
        The Elder Justice Act has been proposed in each of the last few
    Congresses. It is legislation which has always, and still does, enjoy
    significant bi-partisan support. It is legislation that has passed the
    Senate Finance Committee on two occasions, and in the 109th Congress a
    very small provision of the EJA dealing with data collection was passed
    and signed into law. The Elder Justice Act also served as a catalyst
    for changes that were made to the Older Americans Act of 2006, in which
    Congress broadened the role of the Administration on Aging related to
    elder justice and elder abuse, including the coordination of elder
    justice activities.
        However the fact remains that of all the federal funds spent on
    abuse prevention, less than 2 percent is spent on elder abuse, despite
    the national increase in the number of cases. Many states opt to use
    some of their Social Services Block Grant funds to support APS, but the
    amount used for APS varies dramatically from state to state and
    fluctuates as states adjust their SSBG expenditures to deal with cuts
    in social services and other priorities. Moreover, the SSBG has
    incurred more than $1billion in funding cuts over the past number of
    years and the president's budget proposes even deeper cuts to SSBG. A
    dedicated federal funding stream for Adult Protective Services is
    urgently needed in order to protect the lives and financial well-being
    of the rapidly increasing number of older citizens vulnerable to abuse,
    neglect, and exploitation.
        H.R. 1783 includes among its key provisions:

            1.  Provide the first ever dedicated federal funding for adult
            protective services--the critical program in every state that
            assists victims and works with law enforcement.

            2.  Provide improved APS training and investigations through
            federal coordination and demonstration grants from HHS.

            3.  Provide grants to improve ombudsman capacity, conduct
            pilots, provide support, and improve training.

            4.  Require immediate reporting to law enforcement of crimes in
            a long-term care facility and provide better consumer
            information on Nursing Home Compare.

            5.  Create a National Training Institute for Surveyors of long-
            term care facilities.

            6.  Establish an Elder Justice Coordinating Council to foster
            coordination throughout the federal government on elder abuse
            topics and an Advisory Board to the Coordinating Council made
            up of experts on elder abuse, neglect, and exploitation.

        It also contains important provisions under the jurisdiction of
    this Committee. This includes requiring the Attorney General to invest
    through grants in improved training, policy development, and other
    types of support to state and local prosecutors handling elder abuse
    cases, as well as retaining additional Federal prosecutors and nurse
    investigators needed to assist with elder abuse cases. The bill would
    also permit the Attorney General to fund a resource group to assist
    prosecutors nationwide with respect to elder justice matters.
        In addition to the need for greater reporting of elder abuse is the
    need for greater prosecutions of these cases once reported. Victims of
    elder abuse are crime victims. They can suffer physical harm or
    tremendous loss of needed financial resources. Our criminal justice
    system needs to be aggressive in bringing those who commit elder abuse
    to justice and H.R. 1783 can help make that a reality. Current laws and
    policies of the Department of Justice are not sufficiently elder abuse
    sensitive and H.R. 1783 would make elder abuse prevention a more
    distinct priority in DOJ.
        In addition, H.R. 1783 would require the Attorney General to award
    grants to provide training, technical assistance, and other types of
    support to police and other front-line law enforcement personnel
    handling elder abuse cases. Again, the point is to recognize the
    critical role that law enforcement must play in elder abuse prevention.
    Unless training is provided throughout the system from adult protective
    services to law enforcement to prosecutors, we will never improve upon
    our efforts to combat and prosecute those who commit elder abuse as
    well as prevent future victimization.
        Further, H.R. 1783 would place responsibilities with the Department
    of Justice to work to help achieve a coordinated federal response to
    elder justice, evaluate effective state laws, provide recommendations,
    and conduct evaluations of all new programs authorized under this
    legislation.
        Finally, the bill makes grants to establish and operate stationary
    and mobile forensic centers to develop forensic expertise on elder
    abuse and to assist in making winnable cases against perpetrators.
        Elder abuse prevention is an issue where the resources of the
    Department of Justice are needed. At the local level, it has been
    determined over and over again that a multi-disciplinary team approach
    works best in elder abuse prevention. This means involving the APS,
    social services, law enforcement, health, and other sectors in the
    effort. Grants that foster better trained multi-disciplinary responses
    are sound investments.
        There must be a level of shared responsibility in elder abuse
    prevention. Older people need to be more vigilant to protect themselves
    and their assets. For the record, some of the common tips include:

              Use Direct Deposit for your checks.

              Don't sign blank checks allowing another person to
            fill in the amount.

              Don't leave money or valuables in plain sight.

              Don't sign anything you don't understand.

              Protect your money. The bank may be able to protect
            your money by arranging your accounts to control access to your
            funds.

              Be aware of scams. If it sounds too good to be true,
            it probably is.

              Don't give anyone your ATM PIN number, and cancel
            your ATM card immediately if it is stolen.

              Check your bank statements carefully for unauthorized
            withdrawals.

              Be cautious of joint accounts.

              Build good relationships with the professionals who
            handle your money.

        Finally, we must remember that all seniors do not have equal
    capacity to manage their financial resources. Where assistance is
    needed, ensure maximum reasonable decision-making for vulnerable
    seniors whose resources are at stake.
        In conclusion, the shared responsibility for protecting the
    nation's elders must finally be extended to the federal response to
    elder abuse. Our current policy of directing paltry sums in a piecemeal
    fashion is not the answer. A comprehensive and effective approach as
    embodied in the Elder Justice Act is the way we need to go. The Elder
    Justice Coalition strongly urges the enactment of the Elder Justice Act
    this year.
        Thank you Mr. Chairman.
                                   __________

                                   ATTACHMENT

    The Elder Justice Coalition: 556 members 4/17/08
            *Denotes Elder Justice Coalition Coordinating Committee

    Organizational Members: 229

    *National Committee for the Prevention of Elder Abuse
    *National Academy of Elder Law Attorneys
    *National Association of State Units on Aging
    *National Adult Protective Services Association
    *National Association of State Long-Term Care Ombudsman Programs
    *AARP
    Adams County Social Services Department, CO
    Adult Abuse Coalition of South Central Tennessee, TN
    Adult Guardianship Services, OH
    Adult Protective Services, Sacramento, CA
    Adult Protective Services, San Francisco, CA
    Advocates for National Guardianship Ethics and Reform
    Aging Solutions
    Alabama Dept. of Senior Services
    Alabama Long-Term Care Ombudsman
    Alaska State Office of the Long-Term Care Ombudsman
    Alliance for Better Long Term Care
    Alliance for Quality Nursing Home Care
    Alliance of Retired Americans
    American Art Therapy Association
    Alzheimer's Association
    *American Association of Homes and Services for the Aging
    American Association for Single People
    American Geriatrics Society
    *American Health Care Association
    American Psychological Association
    Americans for Better Care of the Dying
    American Society on Aging
    Area Agency on Aging, Region One, Phoenix, AZ
    Arlington AAA, Arlington, VA
    Arizona Elder Abuse Coalition
    Arlington Steering Committee for Services to Older Persons
    Arkansas Advocates For Nursing Home Residents
    Assisted Living Federation of America
    Association for Protection of the Elderly
    Association for Protection of the Elderly--PA Chapter
    Association for Protection of the Elderly--West Coast Chapter
    Bay Area Agency on Aging, Inc.
    Benjamin Rose Institute, Cleveland, OH
    Billings Chapter of NCPEA, Montana
    Brookdale Center on Aging of Hunter College
    Burden Center for the Aging
    California Medical Training Center, UC Davis
    Catholic Charities of the Archdiocese of St. Paul & Minneapolis
    Catholic Charities Health and Human Services, Cleveland, Ohio
    Center for Advocacy for the Rights and Interests of the Elderly
    Center on Aging & Disabilities--University of Miami, FL
    Center for a Just Society
    Center for Medicare Advocacy, Inc.
    Center for Social Gerontology
    Central PA Critical Jobs Training
    Chatham County S.A.L.T. (Seniors And Law enforcement Together), GA
    Citizens for Better Care
    Coalition of Wisconsin Aging Groups & the Elder Law Center
    Coastline Elderly Services, Inc.
    Cochise County, Arizona, Elder Abuse Task Force
    College of Professional Mediation, Puerto Rico
    Collier County S.A.L.T. (Seniors And Law enforcement Together) Council,
        FL
    Consumer Consortium for Assisted Living
    Council on Aging--Orange County
    Council of Senior Centers and Services of New York
    County Welfare Directors Association of California
    Crater District Area Agency on Aging, VA
    District of Columbia Long-Term Care Ombudsman Office
    Disability, Abuse and Personal Rights Project
    Elder Abuse Institute of Maine
    Eldercare America
    ElderCare Rights Alliance
    Elder Financial Protection Network
    Elder Law of Michigan
    Elder Law Offices of Mitchell A. Karasov, CA
    Elder Law Practice of Timothy Takacs, TN
    Family Research Council
    Foundation for Senior Living
    Gallatin County Attorney's Office, TN
    Gary Jones Association, NE
    General Federation of Women's Clubs
    Georgia Division of Aging Services
    Georgia Office of the State Long-Term Care Ombudsman
    Gerontological Society of America
    Governor's Commission on Senior Services, OR
    Gray Panthers
    Greater Cleveland Elder Abuse/Domestic Violence Roundtable
    Hawaii State Long-Term Care Ombudsman Program
    Heart and Hand, Inc.
    Home Instead Senior Care, Inc.
    Hospice Patients Alliance
    Idaho State Long-Term Care Ombudsman Program
    Institute on Aging
    Institute for Caregiver Education, PA
    Institute of Gerontology at the University of Louisiana at Monroe
    International Association of Forensic Nurses
    International Cemetery and Funeral Association
    International Longevity Center
    Joint Public Affairs Committee for Older Adults, NY
    Kansas Advocates for Better Care
    Kansas Area Agencies on Aging Association
    Kalamazoo County Advocates for Senior Issues
    Kentucky Office of the State Long-Term Care Ombudsman
    Lawyers for Elder Abuse Prevention, NY
    Lee County Sheriff's Office, Fort Myers, FL
    Lifecycles, MT
    LIFESPAN, NY
    Los Angeles City Attorney's Office
    Louisiana Association of Councils on Aging
    Louisiana Geriatrics Society
    Louisiana Long-Term Care Ombudsman Program
    Lucas County (Ohio) Prosecutor's Office
    Maine Long-Term Care Ombudsman Program
    Margate Police Department, FL
    Maricopa Elder Abuse Prevention Alliance, AZ
    Massachusetts Long-Term Care Ombudsman Program
    Meals on Wheels Association
    MedAmerica Insurance Company
    Mendocino County DHHS, CA
    Member of the Family
    Metropolitan Crime Commission of Jackson, MS
    Michigan Campaign for Quality Care
    Michigan Office of the State Long Term Care Ombudsman
    Missouri Advocates For The Elderly
    Napa County Health and Human Services Agency, CA
    National Adult Day Services Association
    National Association of Area Agencies on Aging
    National Association of Counties
    National Association of Directors of Nursing Home Administration in
        Long Term Care
    National Association of Legal Services Developers
    National Association of Local Long Term Care Ombudsmen
    National Association of Nutrition and Aging Service Programs
    National Association of Orthopedic Nurses
    National Association of Professional Geriatric Care Managers
    National Association of Senior Legal Help lines
    National Association of Social Workers
    National Clearinghouse on Abuse in Later Life
    National Caucus and Center on Black Aged, Inc.
    National Citizens' Coalition for Nursing Home Reform
    National Committee to Preserve Social Security and Medicare
    *National Council on Aging
    National Council on Child Abuse & Family Violence
    National Education Association--Retired
    National Family Caregivers Association
    National Funeral Directors Association
    National Guardianship Association
    National Hispanic Council on Aging
    National Indian Council on Aging
    National Senior Citizens Law Center
    National Silver Haired Congress
    Nebraska State Long-Term Care Ombudsman Program
    Nevada State Long-Term Care Ombudsman Program
    Nevada County (California) Department of Adult & Family Services
    New Britain Area Seniors, CT
    New Hampshire Long-Term Care Ombudsman Program
    New Mexico Guardianship Association
    New Mexico State Agency on Aging
    New Mexico State Long Term Care Ombudsman Program
    New York Citizens' Committee on Aging
    New York City Department for the Aging
    New York Foundation for Senior Citizens Guardian Services
    New York State Coalition on Elder Abuse
    New York State Society on Aging
    Northeastern Illinois Area Agency on Aging
    Northern Area Agency of Aging, WI
    Northern Virginia Long-Term Care Ombudsman Programs
    Nursing Home Monitors
    Office of Ombudsman for Older Minnesotans
    Ohio Association of Probate Judges
    Ohio Association of Regional Long-Term Care Ombudsman
    Ohio Coalition for Adult Protective Services
    Ohio Office of the State Long-Term Care Ombudsman
    Older and Disabled Adult Services/Solano County Health and Social
        Services
    Older Women's League
    Ombudsman for Older Minnesotans
    Oneida County Elder Abuse Coalition, NY
    Orange County Vulnerable Adult Specialist Team, CA
    Palm Beach County Courthouse, FL
    Pennsylvania Coalition Against Rape
    Philadelphia Corporation for Aging (AAA), PA
    Pima Council on Aging, AZ
    Pinal County Attorney's Office, AZ
    Pinal County Public Fiduciary, AZ
    Pinal-Gila Elder Abuse Specialist Team, AZ
    Police Executive Research Forum
    Rhode Island Office of the State Long-Term Care Ombudsman
    Riverside County Office on Aging, CA
    Rockdale County Adult Protective Services, GA
    San Francisco Consortium for Elder Abuse Prevention
    San Francisco Department of Aging and Adult Services
    San Francisco Department of Human Services
    Santa Clara County Department of Aging and Adult Services
    Senior & Adult Services of Cuyahoga County, OH
    Senior Citizens, Inc., TN
    Senior Protective Ministry
    SeniorLAW Center, PA
    Seniors 'N Sync, LLC, VA
    SLTCO of Iowa
    SOLACE
    Sonoma County Area Agency on Aging, CA
    Stanislaus County Adult Services Advisory Committee, CA
    Stanislaus County Community Services Agency, CA
    Stanislaus Elder Abuse Prevention Alliance, CA
    Stop Family Violence, NY
    Suburban Area Agency on Aging, IL
    Tanana Chiefs Conference
    Texas Dept. of Family & Protective Services
    Texas Elder Abuse and Mistreatment Institute
    Texas Office of the State Long Term Care Ombudsman
    The Alliance for Retired Americans, DC
    The Burden Center for the Aging, NY
    The Center for Social Gerontology, Inc.
    The Long Term Ombudsman Council of Broward County, FL
    TRIAD
    United Jewish Appeal Federation of New York
    United Jewish Communities
    Upstate Medical University Binghamton Clinical Campus CARES Project, NY
    Ventura Adult Abuse Prevention Council, CA
    Vermont Ombudsman Project
    Virginia Coalition on Aging
    Virginia Elder Rights Coalition
    Virginia Hospital Center
    Virginia Office of the State Long-Term Care Ombudsman
    Washington County, Oregon Elder Abuse MDT
    Washington State Long-Term Care Ombudsman Program
    Wellspring Personal Care
    Western Montana Chapter for the Prevention of Elder Abuse
    Western Reserve Area Agency on Aging, OH
    Wider Opportunities for Women
    Wisconsin Association of Area Agencies on Aging
    Wisconsin Board on Aging and Long Term Care
    Wisconsin Social Services Association
    WordBridges
    Wyoming Dept of Health/Aging Division

    Individual Members: 325

    Pamela Aalderink
    Sarah Albert
    Nancy Alterio
    Debbie Armstrong
    Georgia Anetzberger
    Ben Antinori
    Moya Atkinson
    John Attwood
    Susan Aziz
    Nora J. Baladerian, Ph.D.
    Shantha Balaswamy (OH)
    Dave Baldridge
    Doris Ball
    Rick Barry
    Cheryl Bartholomew (VA)
    Virginia Bell
    Bill Belzner
    Brenda Bensman
    Louis Blancato, MD
    Bennett Blum, MD
    Patricia Bomba, MD
    Sybil Boutilier (CA)
    Betty Bowers
    Karen Buck
    Jamie Buckmaster (CA)
    Kelly Bradford
    Bonnie Brandl
    Michelle Brannon
    Sarah Briggs
    Sharon Brigner
    Bernadine Brooks
    Richard Browdie
    Dr. Patricia Brownell
    Karen C. Buck
    Mark I. Burnstein, MD
    Tracey E. Burnstein, MS, HSA
    Bobbi Butler
    Gordon Butler
    Paul Caccamise (NY)
    Stephanie Carr
    Richard Carriere
    Ashley Carson
    Susan Castano
    Curtis B. Clark, MD
    Kathy Cilley-Wagner
    Patricia Ciripompa
    Ruth Coberly (CO)
    Laura Stewart Cockman
    Walter Coffey
    Joshua Cohen
    Valarie Colmore
    Ken Connor
    Michael Cottone
    Loree Cook-Daniels
    Mary Counihan
    Ed Coyle
    Dr. Lawrence Cranberg
    Susan Crone
    Kathy Cubit
    Neely Dahl
    Sophia Dalle
    Carol Dayton, ACSW, LISW
    Alice Deak
    Domingo Delgado
    Joyce DeMonnin
    Annette DePauli (CA)
    Farrell Didio
    Alison Dieter (TX)
    Maggie Donahue
    Judith Dorsett
    Jennifer Duft
    Joy Duke
    Susan Emmer
    Susan Era
    Diane Fassel
    Bob Fells
    Susan Ferlauto
    Mara Ferris (NH)
    Elizabeth Figueroa, CSW, MPA
    Marcella Fierro, MD
    Rich Fiesta
    Jim Firman
    Ivy Firouztale
    Marta Fontaine (MO)
    Janet Forlini
    Robert Franz
    Iris Freeman
    David Gammill
    Oscar Garcia
    Manuel Garcia
    Barbara Gay
    Lori Gerber
    Stanley M. Giannet, Ph.D.
    Pasquale Gilberto
    Robert Goldberg
    Gary Gotham
    AC Graber (WA)
    Rebecca Gray (NC)
    Sasha Greene
    Marsha Greenfield
    Paul Greenwood
    Stanley Habib
    A. Ricker Hamilton
    Cathy Hart
    Roberta Hawkins
    Alice Hayes
    Marshall Hayes
    Meg Heap
    June Hebb
    Jonathan Heller
    Jayd Hendricks
    Gema Hernandez
    Fay Hewitt M.S.W.
    Donna Hicks
    Alison Hirschel
    Bonnie Hogue
    Katrina Hotrum
    Peg Horan
    Ann Howard
    Laura Howard
    Sam Hubbard
    Joan Hurdle, RN (VT)
    Kary Hyre
    Kathryn Ieada, CPA
    Paula Inglese
    Peggy Ingram
    Dale Jackson
    Tim Jackson
    Michelle Jacobs
    Mary Charlene Johns
    Patricia Johnson
    Gilda Johnstone
    Rene Jones
    Tom Joseph
    Alecia Juber
    Cindy Kadavy
    Mitchell Karasov
    Dale Kassan
    Norm Katz
    Linda Keegan
    Kathleen Kelso
    John Paul Kenney (MD)
    Richard Keys
    Steffanie Keys
    Joanne Keyston
    Anne Kincaid
    Valerie King
    Violet King
    Kathy Klatzke
    Amy Knight (TN)
    Diana Koin
    Lynn Koontz
    Elaine Korthals
    Linda Kretz
    Catherine Kruger
    Becky Kurtz
    Janice Langford (FL)
    Tom Laughlin
    Dr. Tomas Larrieux
    Jon Lavin
    Debi Lee
    David Leopard
    Vickijo Letchworth
    Nina Levigne
    Bryan Liang
    Carol J. Lieske
    Brian Lindberg
    Karin Linenberger
    Elizabeth Loewy
    Janet Lombard
    Karen Love
    Rebecca Ludens
    Nadine Lujan
    Jack Mack
    Jackie Majoros
    Beatrice A. Maloney, CSW
    Sandy Markwood
    Irene Masiello
    Art Mason
    Margaret S. McCarthy
    George E. McClane
    Marcy McCrumb
    John McDermott
    Mary McKenna
    Winnie McLin
    Kate McWhinney
    Melissa Medick
    Jennifer Merck
    Carol Merlini
    Nina Merer
    Kathy Miller
    Robert D. Miller
    Patty Mitchell
    Paula Mixson
    Lu Molberg
    Ricker Mooers
    Ailee Moon, Ph.D.
    Paula Moreau
    Gary Morgan
    Rebecca Morgan
    Cal Morken
    Scott Morken
    Debra Morrow, MSW (CA)
    Laura Mosqueda, MD
    Michael Munson
    Mary Brugger Murphy
    Chris Nelson
    Rudy Norris
    Jim Nyberg
    Jeanne O'Brien
    Nora O'Brien
    Joanne Otto
    Mark Pafford (FL)
    Lisabeth Passalis-Bain
    Brian K. Payne, Ph.D.
    Stacey Payne
    Roxanne Perales
    Noel Peters
    Crystal Peterson
    Jeanne Pici
    Les Plooster
    Martha Plotkin
    Dianna Porter
    George Potaracke
    Mebane Powell
    Laura Prohov
    Ron Proudfoot
    Kathleen Quinn
    Mary Joy Quinn
    Dan Quirk
    Jane Raymond
    Jo Reed
    Kimberly Reed
    Lisa Reid
    Sandy Reynolds
    Betty Rhodes
    Esther L. Aguila Rivera
    Erin Rock
    Emily Ross
    Alfred Rotondaro
    Kathy Rotondaro
    Mary Martha Rugg
    Brenda Russell
    Charlie Sabatino
    Francine T. Saccio, ACSW
    EJ Santos
    Kristin Schaer RN, MSN
    Frank Schersing
    Ellen Schmeding (CA)
    Sarah Schram
    Gail Schultz
    Rita Schumacher
    Carol Scott
    Patti Seager
    April Seitz
    Edward Sheehy
    Daniel J. Sheridan, PhD, RN
    Jean Sherman, Ed.D.RN
    Mark Sherman
    Mike Shetka, LCSW (CA)
    Chris Shoemaker
    Cynthia Shott
    Rob Shotwell
    Denise Shukoff
    Richard Sicchio
    Stephen J. Silverberg, JD
    Sarah Slocum
    Linda Smith (TN)
    Donny Smith
    Lori Smith
    Monica Smith (WI)
    Kaja Snell
    Matt Socknat
    Susan Somers
    Joseph Soos
    Helen Spencer
    Gail Spessert
    Ruth Spinale
    Pat Stanis
    Dennis Steele
    Lori Stiegel
    Terry Stone
    Patricia Storch, J.D.
    Sandy Storherr
    Sara Strope
    Donald Sullivan
    Sandra Sullivan
    Erika Taylor
    Grady Tarbutton
    Dorothy Thomas
    Natalie Thomas
    Randolph W. Thomas
    Robert Tiller
    Brenda Toline, R.N., B.S.N.
    Marie Tomlin
    Luci Ungar
    Catherine Valcourt
    Elaine Wadsworth
    Andre Waguespack
    Joy Ann von Wahlde, Attorney
    Bessie Walker (KS)
    Debra Wanser
    Sarah Warnke
    Dawn Washington
    Linda L. Watts
    Eric Weakly
    Patti West
    Teresa Baisley Webb (CA)
    Jane Weinheimer
    Jim Weiser
    Janet Wells
    Rebecka Westerfors
    Robin Cohen Westmiller
    Marilyn Whalen
    Larry White
    Megan Wiley (VA)
    Shayne Wilks
    Pamela Williams
    Karen Wilson
    Genevieve Wood
    Carol Woodcock
    Jacquie Woodruff
    Aileen Worrell
    Mitzi Wortman
    Jim Wright
    Ann Yom
    Diane Zielinski

                        Elder Abuse Cases/News Articles

                                   March 2008

    New York (Rep. Weiner, Rep. Nadler)

    `` `Pals' Scam 78-year-old Harlem woman out of $15M Fortune''
      --http://tinyurl.com/ywayns

    ``Travel and Tour Operator Accused of Preying on Senior Citizens''
      --http://tinyurl.com/yqmtu3

    ``Require Reporting of Elder Abuse''
      --http://tinyurl.com/yqouq5

    ``Inside an Animal Hoarder's House''
      --http://tinyurl.com/2tzc6c

    ``Six Civil Servants will be honors''
      --http://tinyurl.com/2yf23w

    ``New Scam Targets Elderly in Brooklyn''
      --http://tinyurl.com/2xtubf

    ``Congress and Albany must protect elders''
      --http://tinyurl.com/224ym8

    ``3 in Yates County jailed for photographing mentally handicapped
        Person''
      --http://tinyurl.com/3xpmj2

    ``Family sues Blossom South Nursing Home''
      --http://tinyurl.com/36f22b

    ``NY Report signals need to address Elder Abuse''
      --http://tinyurl.com/27bn4o

    ``I-Team 10 Investigates: Livonia Man Accused of Bilking Elderly
        Women''
      --http://tinyurl.com/363gay

    ``Eden Park Nursing Home Cited Again for Deficiencies''
      --http://tinyurl.com/3d62wf

    Texas (Rep. Jackson Lee, Rep. Gohmert)

    ``Family Law councils Advocate for Relatives in Nursing Homes''
      --http://tinyurl.com/389nlf

    ``Woman pleads not guilty to injury to elderly individual indictments''
      --http://tinyurl.com/39mfuw

    ``Family Reacts to Elderly Abuse Conviction''
      --http://www.ksat.com/news/15570254/detail.html

    ``Ex-Nursing Home Exec Guilty of Fraud''
      --http://www.chron.com/disp/story.mpl/ap/tx/5602630.html

    ``Caretakers admits slapping elderly woman''
      --http://www.ksat.com/news/15531198/detail.html

    ``APS honors three west Texans''
      --http://www.cbs7.com/news/details.asp?ID=5074

    North Carolina (Rep. Coble)

    ``State to Report all deaths at mental health facilities''
      --http://ww.wral.com/news/state/story/2635209/

    ``Justice often slow for Elder Crimes''
      --http://newsobserver.com/news/story/991319.html

    ``Dunmore Grandmother alleges Elder Abuse by Grandsons''
      --http://tinyurl.com/2mnwqe

    ``It's like Open Season on Seniors''
      --http://tinyurl.com/2ywhkv

    Virginia (Rep. Scott)

    ``Sex Assault Charges Certified Against Adult Day Care Worker''
      --http://tinyurl.com/2y72mt

    ``Patient Advocate Makes Sure Seniors are Heard''
      --http://tinyurl.com/33q735

    ``Injunction Expanded in Elder Abuse Lawsuit''
      --http://tinyurl.com/25jvmx

    ``Gretna Man Sues Daughter''
      --http://tinyurl.com/2f4rh6

    California (Rep. Waters, Rep. Lungren)

    ``Ex-Patton Employee Charged''
      --http://www.sbsun.com/sanbernardino/ci_8737553

    ``Panel Approves Wolk Bill to Increase Reporting Elder Abuse''
      --http://www.californiachronicle.com/articles/56606

    ``Pair Swindles Thousands from Elderly Woman''
      --http://www.sacbee.com/101/story/810057.html

    ``Mental Health Patients turn to clinics''
      --http://tinyurl.com/3e2ogk

    ``Officials deciding fate of filthy OC house''
      --http://knbc.com/news/15683087/detail.html

    ``Mill Valley Caregiver Accused of throwing dying man's dog''
      --http://www.marinij.com/ci_8657028

    ``Suit Filed, 7 arrested in Mortgage Fraud Ring''
      --http://www.montereyherald.com/business/ci_8623095

    ``Seniors targeted in Scams''
      --http://www.modbee.com/business/story/240380.html

    ``Martinez Nursing Home Comes under Federal Scrutiny''
      --http://winyurl.com/3a5sva

    ``Antioch Man Arrested for beating his 78-year-old mom''
      --http://www.insidebayarea.com/localnews/ci_8540724

    ``Fraud Case Postponed''
      --http://thereporter.com/news/ci_8544333

    ``Woman Sues After Arsenic Death''
      --http://ww.fresnobee.com/263/story/458132.html

    ``Ashburn's Caregiver Background Checks Bill passes legislature, now
        goes to the governor''
      --http://www.californiachronical.com/articles/54909

    ``Caregiver gets 3 months for videotaped assault''
      --http://tinyurl.com/23p67c

    ``Officials to discuss filthy Villa Park Home''
      --http://tinyurl.com/274pgy

    ``Deputies find mentally disabled adults in cockroach-infested house''
      --http://tinyurl.com/2vjhe4

    ``Whittier Man convicted in Fatal Beating of Father''
      --http://www.whittierdailynews.com/news/ci_8482005

    ``Nurse facing 10 years in federal prison for Medicare Fraud''
      --http://www.mercurynews.com/breakingnews/ci_8462331

    ``State Fines Nursing Homes $100,000''
      --http://www.modbee.com/local/story/229305.html

    ``Man accused of Scam Targeted at Elderly Arrested''
      --http://nbc11.com/news/15457283.detail.html

    ``Son Investigated for Elder Abuse in Filthy House Case''
      --http://tinyurl.com/3xxef7

    Alabama (Rep. Davis)

    ``Cuts to DHR Could Eliminate Vital Adult Care Services''
      --http://tinyurl.com2tyaod

    ``SEC Chariman discusses scams targeting seniors''
      --http://tinyurl.com/39cm36

    ``Police: Scammer Targeting Elderly''
      --http://tinyurl.com/2jy9g8

    Massachusetts (Rep. Delahunt)

    ``Arraignment set for Brockton elderly abuse suspect''
      --http://tinyurl.com/yvpqdv

    ``Police, Fire, Senior Care Advocates part of `Traid' ''
      --http://tinyurl.com/2rf8le

    ``Seniors Warned about new tax rebate scam''
      --http://www.metrowestdailynews.com/state/x1379332448

    ``Methuen Man Charged with Sexual Assault of Retarded Relative''
      --http://tinyurl.com/378gmf

    Georgia (Rep. Johnson)

    ``DHR urges you to report Elder Abuse''
      --http://tinyurl.com/3sqvrd

    ``Sales Tactics can put Seniors at Disadvantage''
      --http://tinyurl.com/yvf8db

    ``Nursing Home Employee Charged with Sodomy''
      --http://tinyurl.com/2g3esg

    ``Police: Elderly Cobb Man Killed Wife, Shot Himself''
      --http://tinyurl.com/2n59bt

    ``Elderly woman accused of stocking up on painkillers''
      --http://www.wsbtv.com/news/15478087/detail.html

    Wisconsin (Rep. Baldwin, Rep. Sensenbrenner, Jr.)

    ``Waupun man charged with abusing elderly mother''
      --http://tinyurl.com/28p794

    ``Nursing Home sued over 2005 death''
      --http://jsonline.com/story/index.aspx?id=723313

    Ohio (Rep. Sutton, Rep. Chabot)

    ``Woman gets 1 year in prison''
      --http://tinyurl.com/2dco2a

    ``Mansfield Police Arrest Suspect in Car Repair Scam Targeting
        Elderly''
      --http://tinyurl.com/ys5yn5

    ``Protecting seniors from abuse''
      --http://tinyurl.com/36kz6q

    ``Relatives in dark over man's death''
      --http://tinyurl.com/yud861

    ``Nursing Homes `deplorable'
      --http://tinyurl.com/2qzssh

    ``Couple arrested in alleged elderly scam''
      --http://www.whiotv.com/news/15568368/detail.html

        Mr. Scott. Thank you.
        Ms. Friedlander-Olsen?

    TESTIMONY OF SHERRY FRIEDLANDER-OLSEN, FOUNDER AND CEO, A CHILD
             IS MISSING ALERT PROGRAM, FORT LAUDERDALE, FL

        Ms. Friedlander-Olsen. Thank you, Chairman Scott and Mr.
    Gohmert, Members of the Subcommittee, and the great staff
    members that allowed me to testify here today in support of
    H.R. 5464, the ``A Child Is Missing Alert and Recovery Center
    Act.''
        And my real thanks to Congressman Klein for introducing the
    bill and to my great friend, Director Keenan, from the Georgia
    Bureau of Investigation.
        One in every 42 children in the United States goes missing
    every year. Every 40 seconds, a child goes missing somewhere in
    the United States. That means almost 10 children will go
    missing in the brief time I am addressing you today.
        These numbers are what motivated me to start A Child Is
    Missing in 1997. I did not have a missing child, just an idea
    to use technology to help law enforcement find missing
    children.
        I started very small, by helping a couple of agencies in
    South Florida. With the help of friends and supporters, I was
    able to expand the program to other parts of Florida, then to
    Rhode Island, Alaska, Ohio, and Georgia. Now we are available
    to law enforcement in 50 States.
        A Child Is Missing is a nonprofit organization that assists
    law enforcement in the first hours a child goes missing. The
    program is also used to help find the elderly, often with
    Alzheimer's or dementia. Almost 30 percent of our cases involve
    the elderly.
        This is a free service, activated only by law enforcement.
    This program fills the gaps between law enforcement and the
    Amber Alert.
        Here is how A Child Is Missing works. A child goes missing.
    A frantic parent calls 911. Law enforcement responds. They go
    to the scene. Then they call our recovery specialist, who
    gathers the information, such as the description of the child
    and where they were last seen.
        Then we use our sophisticated satellite mapping system to
    define the search area. Once the area is defined, a telephone
    message is recorded on behalf of the agency. Our phone system
    then dials out to every listed phone number in the search area.
    Residents are told to report any information they may have
    about the missing individual to the police.
        It only takes us 8 to 12 minutes to accomplish this. And,
    basically, we have 181 T1 lines, and our calls are made at
    1,000 every 60 seconds. We have a database of more than 80
    million listed phone numbers.
        Residents appreciate the call because it is an official
    message from their local law enforcement agencies. Our calls
    have a 98 percent listen rate. When you hear, ``This is the
    Washington, DC, police,'' you will listen.
        When the need arises, we work across jurisdictional
    boundaries with local, State and Federal law enforcement
    agencies, including the FBI and the U.S. Marshal Service.
        The program saves money for law enforcement. To date, A
    Child has worked approximately 9,000 cases and has launched
    almost 16 million alert calls. In 2007 alone, we worked about
    1,500 cases. In the first 4 months of 2007, we worked 412
    cases. In the first 4 months of 2008, we handled more than 900
    cases.
        Law enforcement has credited us with 340 safe assisted
    recoveries; that is 340 lives we have saved, 340 families we
    have touched.
        We could take credit for more recoveries, but unless I have
    a written statement back from that agency, we do not take
    credit for it at all.
        We do this every day. We are available 24/7, 365, and are
    experienced in searching for missing children and the elderly,
    often, again, with Alzheimer's.
        Fifty percent of the Nation's law enforcement agencies have
    25 or fewer sworn personnel. Without A Child Is Missing, these
    agencies would not have a place to turn for this kind of help.
    This vital service, again, is free to law enforcement.
        Though available to 16,000 law enforcement agencies across
    the Nation, a mere 2,200 currently use the program. Therein
    lies the critical need for H.R. 5464.
        The bill will increase the number of agencies using the
    program, thereby saving more lives. This legislation will
    ensure us to stay on the cutting edge of technology and address
    the increasing volume of cases.
        Very large metropolitan areas, such as New York and Los
    Angeles, pose unique challenges to us. Doing nothing in this
    area is not an option, but H.R. 5464 will help us to help the
    special needs of these agencies.
        One-third of our safe assisted recoveries have come just in
    the last year due to our having increased agency participation.
    H.R. 5464, I know we can save more lives.
        Thank you, Mr. Scott, Mr. Gohmert, and the opportunity to
    testify before the Committee.
        [The prepared statement of Ms. Friedlander-Olsen follows:]
                 Prepared Statement of Sherry Friedlander-Olsen
        Mr. Chairman and Ranking Member:
        Thank you Chairman Scott, Ranking Member Gohmert, Members of the
    Subcommittee, and staff for allowing me to testify today in support of
    H.R. 5464, the ``A Child Is Missing Alert and Recovery Center Act.''
    Thank you Congressman Klein for introducing the bill.
        One in every 42 children in the United States goes missing every
    year. That is one child every 40 seconds. Almost 10 children will go
    missing in the brief time I am addressing you today.
        These daunting statistics are what motivated me to start the A
    Child Is Missing program in 1997. I did not have a missing child, just
    an idea to use technology to help law enforcement find missing
    children. I started very small by helping a couple of law enforcement
    agencies in South Florida. With the help of friends and supporters, I
    was able to expand the program to other parts of Florida, and then to
    Rhode Island, Alaska, Ohio and Georgia. Now we are available to law
    enforcement agencies in all 50 states!
        A Child Is Missing is a not-for-profit organization that assists
    law enforcement agencies in the first hours a child is reported
    missing. The program is also used to help find elderly adults. Almost
    30 percent of our cases involve the elderly. This is a free service,
    activated only by law enforcement that fills the gaps of the Amber
    Alert program.
        Here is how A Child Is Missing works. A child goes missing. A
    frantic parent or guardian calls 911. Law enforcement responds and
    verifies if in fact the child is missing. If the child is missing, the
    law enforcement officer calls us. Our Recovery Specialist quickly
    gathers essential information from police such as the description of
    the child and where the child was last seen. Our Recovery Specialist
    then uses our satellite-mapping system, a system similar to Google
    Earth but more detailed, to define the search area. Once the search
    area is defined, the Recovery Specialist records a telephone message on
    behalf of the law enforcement agency and then pushes a button. Our
    phone system then auto dials every listed phone number in the search
    area. Citizens are told to report any information they may have about
    the missing child or elderly adult to the police.
        The speed in which this takes place is remarkable. It takes A Child
    Is Missing only 8-12 minutes to determine the search area, identify the
    phone numbers, record the message, and make the calls. Due to our 181
    T1 lines, our calls can be made at the rate of 1,000 calls every 60
    seconds.
        A Child Is Missing's satellite-mapping system is very sophisticated
    and we have a database of more than 80 million phone numbers. Citizens
    appreciate the calls because it is an official call from the law
    enforcement agency. Our calls have a 98 percent listen rate.
        We also know no jurisdictional boundaries. In fact, we have
    successfully worked cases that have involved multiple states and a host
    of local, state, and federal law enforcement agencies. We also work
    with the U.S. Marshal Service and the FBI.
        To date, A Child Is Missing has worked approximately 9,000 cases
    and has launched more than 16 million alert calls. In 2007 alone, we
    worked almost 1,500 cases. From January 2007 through April 2007, A
    Child Is Missing worked on 412 cases. A year later, we have handled
    more than 900 cases!
        Law enforcement has credited us with 340 safe assisted recoveries.
    That is 340 lives we have saved. 340 families we have touched. We could
    take credit for more safe recoveries; however, I decided long ago to
    only list recoveries where law enforcement--in writing--gives us credit
    for the recovery.
        We do this everyday. Our Recovery Specialists are available 24/7,
    365 and are extremely experienced in the field of missing children and
    elderly adults. We bring this experience to the assistance of law
    enforcement. Fifty-two percent of the nation's law enforcement agencies
    have 25 or fewer sworn personnel. Without A Child Is Missing, these
    agencies would not have a place to turn for help.
        This vital service is free to all law enforcement. Though available
    to all 16,000-law enforcement agencies throughout the nation, only
    2,200 currently use the program. Therein lies a critical need for H.R.
    5464.
        H.R. 5464 will increase the number of agencies using the program
    thereby saving more lives. This legislation will also enable us to
    ensure we stay on the cutting edge of technology and will help address
    the increasing volume of cases. Very large metropolitan areas such as
    New York, Chicago, and Los Angeles pose unique challenges for law
    enforcement and us. Doing nothing in these areas is not an option, but
    H.R. 5464 will allow us to work with these agencies to address their
    special needs.
        Our statistics clearly show that the increased success of A Child
    Is Missing is due to an increase in usage by law enforcement. One third
    of our safe assisted recoveries have come in just last year due to our
    having maximized agency participation. With H.R. 5464, I know we can do
    even more.
        Thank you Chairman Scott and Ranking Member Gohmert for the
    opportunity to testify before your Subcommittee. I would be happy to
    answer any questions you may have.

        Mr. Scott. Thank you very much.
        Ms. Friedlander-Olsen. Can I breathe now? Please let me
    breathe. [Laughter.]
        Mr. Scott. You have done well.
        Mr. Keenan?

               TESTIMONY OF VERNON M. KEENAN, DIRECTOR,
              GEORGIA BUREAU OF INVESTIGATION, DECATUR, GA

        Mr. Keenan. Mr. Chairman, Members of the Committee, thank
    you for the opportunity to provide testimony here today.
        And thank you, Congressman Johnson, for the introduction.
    My mother is never around when somebody has something positive
    to say. [Laughter.]
        I am here today as director of the Georgia Bureau of
    Investigation and as a representative of all Georgia law
    enforcement to urge your support for A Child is Missing.
        The absolute priority of the GBI is the investigation of
    violent crimes against children. As a statewide agency, we work
    each day with the nearly 600 law enforcement agencies in
    Georgia in their efforts to protect children.
        I believe that Georgia's success with A Child Is Missing
    represents the experience of many law enforcement agencies
    throughout the United States.
        Georgia implemented A Child Is Missing in 2003. And our law
    enforcement officers have received training on the use of this
    simple but valuable program.
        Since its adoption in Georgia, A Child Is Missing has
    assisted in the recovery of many Georgia children. We consider
    this program to be an excellent example of a public and private
    nonprofit partnership with a proven record of success.
        Georgia law enforcement routinely uses both A Child Is
    Missing and the Amber Alert systems. We were the fourth State
    to implement A Child Is Missing and also the fourth State to
    establish an Amber Alert system.
        A Child Is Missing and Amber Alert are two separate and
    distinct child recovery systems, but they mutually support and
    enhance each other. Both systems engage citizens to aid law
    enforcement in the search for and the recovery of children who
    are in danger.
        Georgia has extensive experience in using both systems. A
    Child Is Missing sends telephone alerts to the community when a
    child, elderly or disabled person is missing.
        The recorded telephone message contains a detailed physical
    description of the missing person and is directed to a specific
    neighborhood or a community. The Amber Alert uses the Emergency
    Alert System to interrupt radio and television programming with
    an electronic and voice message when a child has been abducted.
        Because Amber Alert is a voluntary partnership between law
    enforcement and the broadcast industry, there are specific
    requirements for its use and there are established protocols
    that must be followed before activation.
        Amber Alert is activated when a child is criminally
    abducted and is believed to be in imminent danger. Further,
    there must be enough descriptive information about the
    abduction to believe that a media broadcast will assist in the
    child's recovery.
        Amber Alert has limited applications, while A Child Is
    Missing has great flexibility. Both systems are extremely
    valuable resources in the protection of children, but they have
    several differences.
        Amber Alert can be used only when there is a criminal
    abduction of a child, while A Child Is Missing is used to
    search for lost or missing children, as well as abductions. A
    Child Is Missing can also be used to search for the elderly or
    the disabled.
        Amber Alert operates within a very structured process,
    which requires local law enforcement agencies to seek approval
    before activation. This is done at the State level. A Child Is
    Missing can be activated by the first police officer or deputy
    sheriff who responds to the scene of a missing person.
        Amber Alert is most effective when there is a suspect
    vehicle description to give to the public. A Child Is Missing
    gives a targeted segment of the community a detailed physical
    description of the missing person, their clothing, location
    where they were missing, and other relevant information.
        Additionally, A Child Is Missing may request that neighbors
    search their grounds for the missing person.
        When the GBI activates Amber Alert for Georgia law
    enforcement, we recommend that investigators also seek
    assistance from A Child Is Missing. Since 2002, Georgia has
    activated Amber Alert for 69 abductions. We also denied 60
    cases because the incidents did not meet the required criteria
    for Amber Alert.
        In each of the denied cases, law enforcement officers were
    referred to A Child Is Missing for assistance. A Child Is
    Missing serves to fill the gap in endangered children cases
    where Amber Alert is not available.
        A Child Is Missing plays a critical role in law
    enforcement's efforts to protect our children. And I strongly
    urge your support for H.R. 5464.
        [The prepared statement of Mr. Keenan follows:]
                     Prepared Statement of Vernon M. Keenan
        I am here today as Director of the Georgia Bureau of Investigation
    and as the representative of all Georgia law enforcement to urge your
    support for A Child is Missing. The absolute priority of the GBI is the
    investigation of violent crimes against children. As a statewide
    agency, we work each day with the nearly six hundred police and
    sheriffs departments in Georgia in their efforts to protect children. I
    believe that Georgia's success with A Child is Missing represents the
    experience of law enforcement agencies in the United States.
        Georgia implemented A Child is Missing in 2003 and our law
    enforcement officers have received training on the use of this simple
    but, valuable program. Since its adoption in Georgia, A Child is
    Missing has assisted in the recovery of many children. We consider this
    program to be an excellent example of a public and private non-profit
    partnership with a proven record of success.
        Georgia law enforcement routinely uses both the A Child is Missing
    and the Amber Alert systems. We were the fourth state to implement A
    Child is Missing and also the fourth state to establish an Amber Alert
    system.
        A Child is Missing and Amber Alert are two separate and distinct
    child recovery systems, but they mutually support and enhance each
    other. Both systems engage citizens to aid law enforcement in the
    search for and recovery of children who are in danger. Georgia has
    extensive experience in using both systems.
        A Child is Missing sends telephone alerts to the community when a
    child, elderly or disabled person is missing. The recorded telephone
    message contains a detailed physical description of the missing person
    and is directed to a specific neighborhood or community.
        The Amber Alert uses the Emergency Alert System to interrupt radio
    and television programming with electronic and voice messages when a
    child has been abducted. Additionally, the Department of Transportation
    message boards display a description of the suspect vehicle.
        Because Amber Alert is a voluntary partnership between law
    enforcement and the broadcast industry, there are specific requirements
    for its use and there are established protocols to be followed before
    activation.
        Amber Alert is activated when a child is criminally abducted and is
    believed to be in imminent danger. Further, there must be enough
    descriptive information about the abduction to believe that a media
    broadcast will assist in the child's recovery. Amber Alert has limited
    applications while A Child is Missing has great flexibility.
        Both systems are extremely valuable resources in the protection of
    children, but they have several differences:
        Amber Alert can be used only when there is a criminal abduction of
    a child, while A Child is Missing is used to search for lost or missing
    children as well as abductions. A Child is Missing can also be used to
    search for the elderly or the disabled. Amber Alert operates within a
    very structured process which requires local law enforcement agencies
    to seek approval and activation at the state level. A Child is Missing
    can be activated by the first police officer or deputy sheriff who
    responds to the scene of a missing person.
        Amber Alert is most effective when there is a suspect vehicle
    description to give to the public. A Child is Missing gives a targeted
    segment of the community a detailed physical description of the missing
    person, their clothing, location where they became missing and other
    relevant information. Additionally A Child is Missing may request that
    neighbors search their grounds for the missing person.
        When the GBI activates Amber Alert we recommend that investigators
    also seek assistance from A Child is Missing. Since 2002, Georgia has
    activated Amber Alert for 69 abductions. We also denied 60 cases
    because the incidents did not meet the required criteria. In each of
    the denied cases, law enforcement officers were referred to A Child is
    Missing for assistance. A Child is Missing serves to fill the ``gap''
    in endangered children cases when Amber Alert is not available.
        We train Georgia law enforcement officers to use A Child is Missing
    when they respond to a missing person incident. The system can provide
    public safety personnel with substantial savings in time and money in
    these type cases. A Child is Missing plays a critical role in law
    enforcement's efforts to protect our children.
        As Director of the GBI and as the representative of all Georgia law
    enforcement, I urge your support for A Child is Missing.

        Mr. Scott. Thank you. And I thank all of our witnesses for
    their testimony. We will now begin with our Members' questions.
        I will recognize myself for the first set of questions,
    limited to 5 minutes.
        Ms. Friedlander-Olsen, you said 340 out of 9,000. What
    happens to the others?
        Ms. Friedlander-Olsen. I am sorry?
        Mr. Scott. What happens to the other children that you did
    not assist in recovering?
        Ms. Friedlander-Olsen. Well, fortunately, some of them are
    found before we get the phone calls out. We always love that.
    Some are runaways and they aren't found for years. You know,
    all different kinds of things can happen.
        We get our information back from law enforcement by sending
    out a request, and then they fax it back to us. We get about 67
    percent of those case inquiries back. So those are the ones
    that we really know about in writing.
        Mr. Scott. Your notification is to a small area. You have a
    lot of these cases. One of the problems that would occur if you
    have frequent notifications and you get the crying wolf
    syndrome.
        How many alerts would an individual expect to get over the
    course of a year or 2?
        Ms. Friedlander-Olsen. You know, I am asked that question a
    lot. And as we grow and expand, the number gets further away.
        So if you got one in a year in your neighborhood, that
    would be astronomical, because they go missing from all
    different areas. And it just happens that way. Does that answer
    your question?
        Mr. Scott. Yes. But you didn't want to have somebody get a
    weekly call, like it is----
        Ms. Friedlander-Olsen. No, I don't allow it, number one. We
    did have a place that--it was called the Starting Place. And
    they would run away every day. And I would just have to say--
    and they were teenagers. It was a house where they could go to
    for drugs and alcohol. And I wouldn't allow it, because the
    neighbors would put me down.
        And we had to save this for little kids and lots of things
    that were important to people.
        Mr. Scott. Thank you.
        Mr. Blancato, Virginia passed a law to give access to
    elderly people suspected of abuse with a standard less than
    probable cause. For good cause shown, you can get a warrant to
    get access to the person. Is that a problem anywhere else?
        Mr. Blancato. Mr. Chairman, I would probably have to come
    back and give you an answer for the record on that. I am not
    aware of it in too many other States, but we can come back and
    get you the response on that.
        Mr. Scott. You were staff on the Select Committee for Aging
    for 17 years.
        Mr. Blancato. Yes, sir.
        Mr. Scott. Do we have any unfinished business from that
    select Committee?
        Mr. Blancato. Congressman, there is a lot of unfinished
    business, but I commend you for taking one of them on today,
    which is the passage of elder abuse legislation.
        I actually staffed a Subcommittee hearing in 1978, 30 years
    ago, on elder abuse. And Claude Pepper--many of you remember
    Claude Pepper--was the Chairman of that Committee. Back then,
    it was identified as an issue that was going to grow. He was
    prophetic in his views on where we were going.
        And so there has been some response. I mean, there has been
    a small response in the Older Americans Act and there is--money
    is dedicated for Adult Protective Services and some programs.
        But it is about the comprehensive response we are talking
    about. It is about the coordination. And during the comments
    today, I think the point we want to stress is that nobody is
    trying to federalize this issue.
        It is a question of being able to use the resources of the
    Federal Government to give empowerment to programs that are
    working well at the local level, to give grants that can help
    train prosecutors better, so we can actually prosecute these
    cases.
        So I would start with saying, if we could get movement on
    elder justice legislation, that would be one legacy left over
    from the House Committee on Aging.
        Mr. Scott. Now, am I hearing you say that we do not need
    new Federal laws, we just need new resources?
        Mr. Blancato. Well, you need to have the Federal authority,
    for example, to have a dedicated funding stream for Adult
    Protective Services. It has to be established through a Federal
    program. Federal grants can be established.
        But, no, I think what we are saying in this legislation, as
    you go through the legislation, it is about giving empowerment
    to programs that are going on already at the State and local
    level, making them better, but bringing the Federal resources
    in to help coordinate all the activities.
        I mean, right now, coordination is so important in this
    time of fiscal restraint, to be able to know exactly what you
    have at your disposal in the Federal Government already, how
    can you coordinate and make the response better, and then use
    resources more effectively at the State and local level, so you
    are doing the full, comprehensive response to this problem.
        Mr. Scott. Thank you.
        Mr. Keenan, for school safety, do we need new laws or just
    Federal resources to help?
        Mr. Keenan. Federal resources. There are sufficient laws
    relating to the child abduction systems.
        Mr. Scott. Thank you.
        Mr. Keenan. And elderly abuse--the testimony here today is
    extremely abuse. Elderly abuse is going to be a rapidly
    escalating crime in the near future.
        Congress has an excellent track record in the way they have
    provided resources to local and State agencies in addressing
    child abuse. And those same best practices can certainly be put
    into the elderly abuse area.
        Mr. Scott. Thank you.
        The gentleman from Texas?
        Mr. Gohmert. Thank you, Mr. Chairman.
        And, Ms. Friedlander-Olsen, you are to be commended for
    your work. And thank you for all you have done on behalf of
    those children you have assisted and those that you gave
    comfort in knowing that somebody was actually doing something.
    So that is wonderful.
        It is my understanding that basically Amber Alert, the way
    it proceeds now, and A Child Is Missing systems complement each
    other then, is that fair to say?
        And, Mr. Keenan, you are nodding. That is your experience,
    as well?
        Mr. Keenan. That is correct.
        Mr. Gohmert. And so are there any problems you see with the
    way in which they do complement each other?
        Mr. Keenan. No, I think they are an absolute perfect match.
    And when we train law enforcement officers in handling child
    abduction situations, we train them on Amber Alert and on Child
    Is Missing. And they go hand-in-hand.
        Mr. Gohmert. You had mentioned that you don't know that
    more laws are needed as much as assistance, as I understood. I
    think there may be some place for additional laws with regard
    to elder abuse and the ways in which our elderly are being
    pursued and taken advantage of these days.
        And it does sound like it is going to get worse. I know you
    were sitting through the beginning of the hearing.
        But I am wondering--I just don't want to create new
    entities. I was not a fan, for example, of creating a new
    Department of Homeland Security. I was a judge back in those
    days, and what do you want another bureaucracy for? You are
    just adding to the problems. And so I am still not a big fan
    when I see the complications that have arisen there.
        I know we have the National Committee for the Prevention of
    Elder Abuse. That is one of six partners that make up the
    National Center on Elder Abuse. I don't want to keep federally
    reinventing the wheel, and so I am wanting some input from you
    on--and, Mr. Blancato, on this issue.
        Will we duplicate things? Should we be more directive in
    where we are going with the elder abuse issue and the studies
    to be done?
        Yes, sir, if you would first.
        Mr. Blancato. I will attempt to answer some of that, and I
    imagine some we will have to come back to you in more detail.
        But in the case of the National Center on Elder Abuse, that
    is a federally funded entity that is intended to do improved
    amounts of research in the field of aging, data collection so
    we can have a better grip on the extent of the problem that is
    going on. That is an appropriate Federal activity that has been
    going since 1988, frankly, doing a lot of good work that the
    field appreciates.
        I mean, at the end of the day, you want to be able to go
    down to the field, people at the State and local level, and
    say, ``Are you benefiting from the work that the center is
    doing?'' And in many instances, the answer has been yes.
        In fact, one of the more important things it is doing is
    helping to set up local network development programs, where
    there are no activities going on in a locality, where you don't
    have multidisciplinary teams working at the local level to help
    stop elder abuse.
        This center helps provide them with the technical resources
    to do that. And at the end of the day, that is very important.
        And I am sensitive to the question about, you know, the
    duplication. I think the purpose of this legislation is to get
    an accurate handle on how to do better coordination between the
    Federal, State and local levels throughout on elder abuse so
    that the response that is done is done comprehensively, whether
    it is helping the victim or that is prosecuting against the
    perpetrators, whether it is just providing support for
    worthwhile programs.
        So my guess is that we are, through this legislation,
    making an effort to build coordination, as compared to
    enhancing any duplication activities.
        And I would also point out that, in the early stages of
    development of this legislation, staff from the Department of
    Justice were put on detail to the Senate Special Committee on
    Aging and helped draft the legislation, including the
    provisions that are before us today.
        Mr. Gohmert. Well, I was curious, having dealt with
    felonies of all types, well, there is a prosecutor, a judge,
    and a chief justice, and being so familiar with so many of the
    Federal law enforcement people in DOJ, I kind of figured if we
    push them to do a study, the first thing they are going to do
    is go back to the local and State law enforcement folks and
    say, ``Tell us what the problems are,'' when you have people
    that are already dealing with those.
        So I am curious, Mr. Keenan, are there any crimes with
    regard to elder abuse that in Georgia are not getting
    prosecuted that would require Federal laws to pursue?
        Mr. Keenan. Not Federal laws. My view is, having been in
    law enforcement 36 years, is that the secret to--the way to
    handle this problem would be to--the role of the Federal
    Government should be in providing resources and direction to be
    in partnerships between local, State prosecutors, providing
    training.
        This is what happens in the child abuse arena, with great
    success. There are Federal funds that are available to set up
    the multi-disciplinary investigative teams to handle child
    abuse. The same process could be used for elderly abuse.
        That gives an opportunity for local and State law
    enforcement to come together, with best practices training,
    specialized training to handling the area, and they build the
    teams that go forward and do the work.
        The test in American law enforcement is that, in the middle
    of the night, when the system has a problem, and they call 911,
    who shows up to respond? It is local law enforcement, and that
    is going to be the key to addressing any major crime problem
    like elderly abuse, is training local and State law enforcement
    to be able to use their State laws to handle the issues.
        A process like that would bring to light shortcomings in
    State laws that could be--new laws could be enacted at the
    State level to enhance the investigation prosecution of elderly
    abuse. That is what has happened in the child abuse arena.
        Mr. Gohmert. Thank you. I have more questions, but my time
    is expired. Thank you.
        Mr. Scott. Thank you.
        The gentleman from Georgia?
        Mr. Johnson. Thank you, Mr. Chairman.
        Ms. Friedlander, how is A Child Is Missing funded
    currently?
        Ms. Friedlander-Olsen. Currently, we have gotten Federal
    funds, State funds, local funds, private contributions, and
    some corporations.
        We run a very tight ship, because I started very tight.
    Well, I started very poor, if you want the truth. But we are a
    tight organization. But our funding is where I said it came
    from.
        Mr. Johnson. Okay. And H.R. 5464 would provide funding for
    the establishment and maintenance of regional centers. Does A
    Child Is Missing currently have regional centers?
        Ms. Friedlander-Olsen. We have one center at present. And
    what is happening is that we have a trainer up in Fort Thomas,
    Kentucky. That is right across the border from Cincinnati,
    Ohio. And he is going to act as one of our regions.
        And so we would put these very small pods. I don't want a
    lot of big places to run. It is just that the cost of
    airplanes, in some States like Montana and Idaho, and North
    Dakota, it takes a lot to get there.
        And so by having somebody locally within a five-state, six-
    state region would be very helpful, because the turnover in law
    enforcement--a chief's life is about 3\1/2\ years. And then
    they move on and move on.
        And law enforcement officers, they move from department to
    department, and that is why you have to constantly be there to
    remind them, ``Call A Child Is Missing,'' because we have had--
    --
        Mr. Johnson. To kind of develop local contacts and kind of
    face-to-face dialogue, so that local law enforcement will
    know--will be able to interface easily, I guess, with a live
    person representing A Child Is Missing, that would probably a
    good thing to enhance this effort.
        Are you available or do you have the technology to respond
    to calls for assistance from any one of the 50 States in the
    United States?
        Ms. Friedlander-Olsen. Yes, sir. We are at present--in the
    50 States, we are available. When I go into a State, I
    generally pick some place, like the capital area, because we go
    in on our own dollar, on our general funds, and then we have
    to--we invite about a 2-hour ring around that particular area
    to the officers, train them, and then we will make calls,
    emergency calls for that State any place.
        But we just are held back right now, because we don't have
    the funding to go throughout Montana, to go throughout the
    various areas.
        Mr. Johnson. Yes, ma'am. All right. Thank you.
        Mr. Keenan, are you aware of any other organizations,
    whether public or private, that provides the same services as A
    Child Is Missing?
        Mr. Keenan. I am not aware of any other service like this
    that is out there. This is a great example, a success story of
    a nonprofit organization that worked hand-in-hand with law
    enforcement with a great success record. I am not aware of
    another body that does anything like this.
        Mr. Johnson. And does your department have to pay for the
    services of A Child Is Missing?
        Mr. Keenan. We do not. And that is one of the reasons why
    the GBI has become such a strong proponent for this.
        Many of the local law enforcement agencies do not have the
    resources to pay even a small charge for a service. And Ms.
    Friedlander's group has never asked for funding from agencies
    who couldn't provide it, and they have always stepped forward
    and done this without charge.
        Mr. Johnson. How many children or how many persons have
    actually been recovered in Georgia utilizing A Child Is Missing
    technology?
        Mr. Keenan. There are about--I think there were 17
    documented cases of recovery in Georgia. And I was telling Ms.
    Friedlander earlier I am convinced there are more of those--
    other successes that they just did not get the documentation
    back for that.
        Mr. Johnson. And I assume that A Child Is Missing expertise
    and efforts save money for the Georgia Bureau of Investigation
    and local law enforcement?
        Mr. Keenan. They certainly do. And what is important about
    this is that, always for all of us to remember, the value that
    the public has, that the public is interested in this. They
    will coordinate with law enforcement. They will provide law
    enforcement. They just need to know what they are looking for
    and what the issue is.
        Many of the cases involving when you call A Child Is
    Missing, their staff give that officer at the scene some
    immediate directions about what to do. For instance, if it is a
    small child, there is a body of water nearby. Officers are
    directed to get to that body of water and set up a security
    perimeter and begin a search there, because children are
    attracted to water.
        And this is valuable on-the-scene dialogue between the
    center's caseworkers and the officer on the scene. And this
    doesn't require a law enforcement officer to go through their
    hierarchy to get permission to activate A Child Is Missing. The
    officer at the scene can call from a cell phone, get to the
    center, and immediately get results.
        Mr. Johnson. Thank you.
        Mr. Scott. Thank you.
        The gentlelady from Wisconsin?
        Ms. Baldwin. Thank you, Mr. Chairman.
        Mr. Blancato, in your written testimony, you State that
    crime victims aged 65 and over lost a total of $1.3 billion due
    to personal and property crimes in 2005, including Internet
    fraud complaints.
        You also write that, of the almost 200,000 substantiated
    cases of elder abuse reported to the Adult Protective Services
    agencies, one of the highest and one of the fastest rising
    forms of abuse was financial exploitation.
        According to the Department of Justice Bureau of Justice
    Statistics, between 1993 and 2002, more than 9 in 10 crimes
    against the elderly were property crimes.
        So given these troubling statistics, can you speak a little
    bit about how you think financial exploitation of seniors in
    America fits within the definition of senior abuse, neglect and
    exploitation that we are addressing through the two bills
    before us today, the Elder Justice Act and the Elder Abuse
    Victims Act?
        Mr. Blancato. Yes, Congresswoman, and thank you also for
    your co-sponsorship of the Elder Justice Act.
        The definition of elder abuse is multifaceted, but a
    central feature of it has always been financial abuse and
    exploitation, in terms of what is addressed by the efforts to
    try to combat elder abuse.
        The growing concern about financial exploitation--and you
    touched on one aspect of it, with the whole question of mail
    fraud and the whole external scams that go on, the financial
    abuse occurs directed by family members against other family
    members or form the outside.
        This legislation would do a number of things to address
    this concern, ranging from something as basic as the raising of
    public awareness to the potential older person victims, to look
    out for certain things, to have the capacity to have certain
    tips and public awareness campaigns so they can be more
    protective of their own assets.
        I think the other thing is that it trains everybody who
    would deal with a senior to look out for certain things that
    obviously would show a potential victimization of someone.
        For example, if a homebound older person suddenly has their
    ATM card being used, there is a sign of trouble. If an older
    person who has lived in their own home for years suddenly is
    having utilities shut off, okay, there is a concern that
    somebody is coming in and doing things.
        But in order to make people aware of this problem, they
    have to be trained to understand what this issue is, what elder
    abuse is. I mean, we talked earlier in some comments about
    older people showing up in emergency rooms and they think they
    just fell, yet if there was better forensic information in the
    centers, you could actually determine that it wasn't a fall,
    that it was actually a case of abuse that went on.
        So central to the Elder Justice Act is providing Federal
    resources to better train people to be able to detect elder
    abuse and report it, because the underreporting of elder abuse
    is the central problem we have here.
        And I think this legislation's whole function is to get
    training dollars out so people can become more responsive to
    the problem, report it. People can be prosecuted, and
    victimization can be limited. And financial exploitation is
    clearly in the center of that whole conversation.
        Ms. Baldwin. Generally, I am wondering whether you think
    that, on this particular issue, the response that is in the two
    bills we are looking at is adequate or whether we ought to be
    looking at other ways, additional legislation, additional
    programming to protect seniors from telemarketing and mail
    fraud and other forms of--and I am thinking in this case more
    the exploitation from outside the family setting.
        Mr. Blancato. Right. Well, first of all, I am enough of a
    realist, having worked up here for a long time, that it has
    taken 5 years to get this bill to this point.
        Ms. Baldwin. I hear you.
        Mr. Blancato. And so, in the world of legislation, you
    always want the perfect legislation. But in reality, you want
    to get a passable bill started so you can build on it. There
    are too many issues that we can all identify sitting here
    where, if we just started with some place, got something
    underway, you can always build on it later and make a better
    deal.
        I think what this legislation serves to do and the
    attention being focused on it, it leads outside groups to help
    in this fight, while we wait for the passage of legislation.
        One of our leading Elder Justice Coalition members is AARP,
    which you know is very actively engaged in helping to fight
    financial abuse against older people from external sources.
        So as long as this conversation goes forward, provided we
    can get the bill passed in this session, I think we will see
    more response happening, simply because more attention is being
    focused on it.
        Ms. Baldwin. Thank you, Mr. Blancato.
        Mr. Scott. The gentlelady from Texas.
        Ms. Jackson Lee. I thank the Chairman, and the Ranking
    Member, and the witnesses, and the previous panel. And I
    apologize for being detained in another meeting.
        But I do want to congratulate you for hitting on really the
    Achilles' heel of our society, the early part of life and the
    sunsetting or the older aspect of our lives. And we are living
    longer and certainly become vulnerable on both ends of the
    spectrum.
        I would like to ask Ms. Friedlander about the utilization
    of your program. And my first question is: How does this--and
    you may have commented, but I appreciate your repeating it--how
    does your program complement or how is it distinct from the
    Missing and Exploited Children's program?
        Ms. Friedlander-Olsen. A Child Is Missing concentrates
    basically in one area. And we complement greatly the Amber
    Alert. We are the gap between two particular--those two
    programs.
        And the national center is a great program. And they do a
    lot of different things. I mean, they have been around for 20-
    some years. I have only been doing this for 11 years, overnight
    success.
        But they can work very well together. I am not trying to
    duplicate----
        Ms. Jackson Lee. What specifically do you do that puts you
    in between Amber and Missing and Exploited Children?
        Ms. Friedlander-Olsen. What do we do?
        Ms. Jackson Lee. Yes.
        Ms. Friedlander-Olsen. First of all, law enforcement is
    called by an individual whose child or elderly Alzheimer's has
    gone missing. Then the policemen go to the area, make sure the
    person is missing. Then they will call, as long as it is in
    their SOP, standard operating procedure, A Child Is Missing
    directly, 24/7, 365----
        Ms. Jackson Lee. So they are able to call you sooner than
    Missing and Exploited Children?
        Ms. Friedlander-Olsen. Sooner than the Amber Alert.
        Ms. Jackson Lee. Sooner than the Amber Alert.
        Ms. Friedlander-Olsen. Missing and Exploited Children do
    not do what we do. We are the only program of its kind in the
    United States. We are free.
        Ms. Jackson Lee. You get activated immediately, is that
    what you are saying? After the police person calls you, you
    begin to reach out?
        Ms. Friedlander-Olsen. That is correct. That is correct.
        Ms. Jackson Lee. In reaching out, what actions do you take?
        Ms. Friedlander-Olsen. What do I take?
        Ms. Jackson Lee. What actions do you take once you----
        Ms. Friedlander-Olsen. Oh, what actions.
        Ms. Jackson Lee. Yes.
        Ms. Friedlander-Olsen. Well, they call our office. Our
    recovery specialists are on-call 24/7. They will take all of
    the information, and we will direct--we will plan an area with
    our satellite mapping. And then we will get the phone numbers
    down of our databank that represent that area.
        Then the technician will make a recorded call that says,
    ``This is the Houston Police Department. We are currently
    looking for a missing child in your area. The child's name and
    description is Mary Jones, 3 year old, 30 pounds"----
        Ms. Jackson Lee. Excellent.
        Ms. Friedlander-Olsen.--"last seen at, please call the
    Houston Police Department.''
        Ms. Jackson Lee. And so if this----
        Ms. Friedlander-Olsen. And that goes out to those people.
    And if they don't answer the first time, it rings a second time
    and a third time, and then it stops. And that way, then they
    are asked to call the Houston Police Department back.
        Ms. Jackson Lee. So you start a chain reaction as quickly
    as possible?
        Ms. Friedlander-Olsen. A chain reaction as quick as
    possible.
        Ms. Jackson Lee. And then this legislation will certainly
    help you expand what you do?
        Ms. Friedlander-Olsen. Yes, ma'am, it will.
        Ms. Jackson Lee. Let me thank you for what you are doing.
        Let me quickly ask--I have encountered both on the
    children's end, obviously coming from Houston, Texas, but also
    missing elderly, as you mentioned, who suffer from Alzheimer's
    or other forms of senility.
        One of the suggestions is a tracking bracelet that would be
    under the jurisdiction of some kind of entity. Is that a
    welcome opportunity that communities should invest in if
    families want to participate in that, working with agencies
    like yourself?
        Ms. Friedlander-Olsen. Well, in my opinion, anything that
    helps to save a life is worthwhile. I am familiar with the
    program you are talking about. It does cost money. Some elderly
    cannot afford it, so assistance must be made.
        You know, anything that can help save, because, again, the
    elderly will go out in the bitter cold in a nightgown and
    slippers, and they are gone, and, honest to God, they freeze to
    death.
        Ms. Jackson Lee. You are right.
        Ms. Friedlander-Olsen. And we have helped to save a lot of
    those people when we are called immediately. We can only do
    with as much time as we have. And they also go to water.
    Elderly go right to water, just like children.
        Ms. Jackson Lee. Let me thank you for your answer. I would
    like to say to the Chairman, let me thank all the witnesses.
        I know Mr. Rothman was probably previously here on an
    earlier panel, and I just wanted to briefly comment on the H.R.
    2352. There is no witness here. I will look forward to working
    with the Committee on two aspects that I think can be clarified
    in this very good legislation, as issues dealing with securing
    schools that relates to terrorist acts and also as it relates
    to hazardous materials.
        And I would just like to place that on the record and work
    with the Chairman in terms of amendments to assist that. And I
    want to suggest that I am in full support of the legislation
    that you represent and certainly that of the gentleman dealing
    with elder abuse.
        And, Ms. Friedlander, we will work with you----
        Ms. Friedlander-Olsen. Thank you.
        Ms. Jackson Lee [continuing]. For the very constructive
    approach to saving our children.
        I yield back.
        Mr. Scott. Thank you.
        We will have another very quick round of questions.
        And I just had one question, Mr. Blancato. The Elder
    Justice Act includes an Elder Justice Coordinating Council and
    an advisory board on elder abuse, neglect and exploitation. How
    can this help us, assuming we get the bill passed and into law,
    look for additional areas that need our attention?
        And do these two--does the council and the board, do they
    overlap and contradict each other? Or can they work in a
    coordinated fashion?
        Mr. Blancato. They clearly can work in a coordinated
    fashion. My understanding about the coordinating council is it
    is made up primarily of people who would be existing in the
    Federal Government now that would be working to define a
    coordinated response at the Federal level to elder abuse
    prevention.
        And advisory people could include people from outside, who
    would be consulted to provide input into, again, how to improve
    coordination at all levels as it relates to elder abuse. So I
    think they are complementary to one another.
        And I think, at the end of the day, if you end up with a
    coordinated response, you may end up actually saving money, as
    compared to having fragmented programs that may be existing out
    there that couldn't otherwise be channeled together.
        Mr. Scott. The gentleman from Texas?
        Mr. Gohmert. Yes, just very briefly, Ms. Friedlander-Olsen,
    you mentioned that one of the problems is the transition of law
    enforcement personnel from one department to another. Mr.
    Keenan also is familiar with that problem.
        And one of the problems that has come up here before is
    with regard to the FBI. And having been involved at a local
    level in different capacities, it seemed to be the importance
    of that credibility with law enforcement is very high and that
    especially as Federal agents come in to your area, it takes a
    while for them to build up credibility, and sometimes just
    build up experience so where they have as much experience as
    the local and the State people they deal with.
        I have been concerned about an FBI program that this
    director had implemented called the Five Year Up or Out program
    that, at least in Texas, has caused us to lose some really
    valuable assets who were told, ``You either move up to
    Washington or you demote or you retire,'' and so they retired.
        I am just curious, in your capacity there in Georgia, Mr.
    Keenan, have you seen that effect the FBI's experience level?
        Mr. Keenan. I have discussed with FBI officials before my
    belief that they would be much more effective if they left
    their supervisors in duty stations longer to build those
    relationships.
        Law enforcement is based around personal relationships and
    partnerships. And you have to have a stabilized workforce to
    build those relationships. The FBI is a wonderful law
    enforcement agency. Our agents--to be a GBI agent, it is the
    same requirements to be an FBI agent.
        We have found out over the years that our most productive
    agents, most effective agents are those that live and work in a
    community that have an opportunity to build public trust and
    work with their counterparts. And that is relationships.
        Mr. Gohmert. I wish our current FBI director had heard that
    from you before he changed the policy and implemented that.
        But thank you very much, Mr. Keenan.
        Mr. Scott. Thank you.
        The gentleman from Georgia?
        Mr. Johnson. Thank you, Mr. Chairman.
        Mr. Blancato, what do you see as the biggest obstacle
    facing States in effectively addressing the problem of elder
    abuse, neglect and exploitation?
        Mr. Blancato. Well, the biggest problem I suspect is the
    inadequate level of dedicated funding for Adult Protective
    Services, which is the state-run programs. They operate in all
    50 States. They are the front lines in the efforts to combat
    elder abuse.
        At the moment, because they are funded through a block
    grant, there is sporadic funding between the different States.
    Even elder abuse is a growing problem in all the States.
        So certainly dedicated funding for Adult Protective
    Services is something that is necessary at the State level.
        And I think also, again, the notion of coordinating the
    response from all levels of government, particularly with the
    effort to provide adequate resources to train State and local
    prosecutors and law enforcement personnel to be more aggressive
    and effective in the ultimate pursuit of the people committing
    abuse and prosecuting them I think is another area where they
    need additional help.
        And both issues are addressed in the Elder Justice Act,
    which is why a lot of State organizations and people at the
    local level support the bill and why they have joined our
    coalition to help get the bill passed.
        Mr. Johnson. So are you suggesting that, under Social
    Services Block Grants, the recipient States are not necessarily
    investing that money or funding elder abuse, neglect and
    exploitation initiatives?
        Mr. Blancato. Correct. And I think what I will do for the
    record is we will provide some data, to the extent we have it,
    about how much money from the States--from the Social Services
    Block Grant is dedicated to Adult Protective Services.
        My understanding is that that number has declined over the
    years, as has the funding overall for the Social Services Block
    Grant program.
        What the Elder Justice Act says is, ``Let's remove Adult
    Protective Services from having that restriction of it being
    tied to a larger block grant and give it dedicated funding so
    everybody knows in all States there will be money going in to
    fighting elder abuse,'' which is really what we want to get
    done.
        Mr. Johnson. Thank you.
        Mr. Blancato. Thank you.
        Mr. Scott. We have been joined by the gentlelady from
    California, who has questions.
        The gentlelady is recognized for 5 minutes.
        Ms. Waters. Thank you very much, Mr. Chairman. And I don't
    think I need the 5 minutes.
        First of all, I would like to thank you for doing what
    should have been done a long time in dealing with some of the
    issues by way of the four bills that are before us. And I think
    it is very important that we pay attention to what is happening
    with our elders and, of course, our children and our students.
        We in my office have been attempting to deal with some of
    these issues. Let me just raise a couple of questions.
        Are there unique problems associated with the investigation
    and prosecution of elder abuse that do not exist with child
    abuse cases? Anybody?
        Mr. Blancato. Congresswoman Waters, not being a prosecutor,
    I know there are issues about the victim coming forth and
    identifying the person committing the suspected abuse, because
    oftentimes it is family members involved, and I suspect that
    that is somewhat of a complicated thing.
        I think what--in California, actually in San Diego, there
    is a very well known unit in the San Diego Police Department,
    there is a prosecuting person by the name of Paul Greenwood who
    specializes in elder abuse prosecutions.
        And he is a national example and a model that we could turn
    to for information on how he has been able to improve the level
    of prosecutions of elder abuse cases in his area, by being
    focused on it and getting resources to do that.
        The other part of it, of course, is that there are so many
    forms of elder abuse going on right now, financial, physical
    neglect, self-neglect, sexual abuse, that it is just the lack
    of some knowledge about how to pursue a prosecution sometimes
    is an impediment to successful prosecutions.
        Ms. Waters. Thank you very much, Mr. Chairman. I yield
    back.
        Mr. Scott. Thank you.
        And I would like to thank all of our witnesses for their
    testimony today. And Members may have additional----
        Ms. Jackson Lee. Mr. Chairman?
        Mr. Scott. Excuse me?
        Ms. Jackson Lee. May I have a----
        Mr. Scott. The gentlelady from Texas, I am sorry.
        Ms. Jackson Lee. Thank you. Thank you very much.
        I sort of ran through the issue of school security and also
    the question of elder abuse, and I just wanted to raise a
    question again.
        With the rising good news of people living longer, with
    respect to elder abuse, do we have the right pressure points?
    Do we need to ensure that the FBI, for example, has a component
    because of the interstate aspect sometimes of what happens to
    elder abuse?
        Caretakers may go from place to place, masquerading as
    caretakers, and really be undermining that elderly person.
        I yield to you.
        Mr. Blancato. There is certainly grounds to pursue that,
    even as an element of this legislation is pending. There are
    certain issues that are addressed in the Elder Justice Act
    about getting the Department of Justice more focused on elder
    abuse and being more sensitive to the issues and providing the
    kind of training and grants to help improve training of people
    and prosecutors at the State and local level.
        You know, going deeper into more specific assignments for
    FBI would have to be something that this Subcommittee would
    have to look at, at the time of markup.
        I think basically the point that has been made most of the
    day is that the Federal response is the most anemic of all
    responses so far to elder abuse. And this is what we are hoping
    through the Elder Justice Act to correct. And anything that can
    be done in that regard we would be supportive of.
        Ms. Jackson Lee. It is a very helpful answer. We will,
    obviously, explore that and research that.
        And my final point, again, is just to expand for the record
    my issue as it relates to making sure that the school security
    bill--and I will engage Mr. Rothman--does take into
    consideration really the issue--I see it mentioned safety and
    security--but really focuses, since this Subcommittee has
    responsibilities dealing with terrorism, really focus on the
    vulnerability of the school, as it relates to being subjected
    to terrorist acts.
        The schools are probably, even with the new metal detectors
    in some of our urban schools, are probably the most vulnerable.
    They are in rural areas, in urban areas, in suburban areas, and
    I think it is crucial that we not frighten our educational
    system, but we prepare them.
        Alongside of that, I think it is important to put the
    school district on notice about the easiness of toxic,
    hazardous materials, air conditioning systems that are old and
    may be vulnerable to someone who would want to do something
    untoward.
        So I make the record, because we have had something like
    that occur in my own hometown of Houston, with a school that
    seems to be continuously faced with toxicity, and not attended
    to by the district. So I wanted to make that record.
        And I look forward, as we move toward markup--and, again, I
    thank the witnesses for their very detailed testimony on their
    various issues.
        I yield back.
        Mr. Scott. Thank you.
        Thank you. And I want to thank our witnesses for their
    testimony today. Members may have additional written questions,
    which we will forward to you and ask that you answer as
    promptly as you can, in order that your answers may be made
    part of the record.
        At this point, I would like to enter into the record a
    statement of Joseph O'Connor, submitted on behalf of the
    American Bar Association.
        [The prepared statement of Mr. O'Connor follows:]
         Prepared Statement of Joseph D. O'Connor, Chair, American Bar
     Association Commission on Law and Aging, the American Bar Association
                                     (ABA)
        Mr. Chairman and Members of the Committee:
        I appreciate the opportunity to present the views of the American
    Bar Association on H. R. 1783, the ``Elder Justice Act.''
        The American Bar Association commends the Crime, Terrorism and
    Homeland Security Subcommittee of the House Judiciary Committee for
    holding this hearing on the Elder Justice Act. The Committee has before
    it a tremendous opportunity to address in a strong bipartisan way the
    growing national problem of elder abuse, neglect and exploitation--a
    domestic and institutional tragedy that causes serious harm to between
    500,000 and 5 million individuals each year. The American Bar
    Association strongly supports enactment of this legislation. No current
    federal law adequately and comprehensively addresses issues of elder
    abuse, neglect, and exploitation, and there are very limited resources
    available to those in the field directly dealing with these issues.
        The Elder Justice Act would create an infrastructure and provide
    resources needed to develop and implement a nationally coordinated
    strategy in collaboration with the states to make elder justice a
    reality. As elder justice is central to any viable notion of the rule
    of law and social justice, American Bar Association policy ``supports
    efforts to improve the response of the federal, state, territorial and
    local governments and of the criminal and civil justice systems to
    elder abuse, neglect and exploitation'' through, among other things,
    the creation of ``a nationwide structure for raising public awareness;
    supporting research, training and technical assistance; funding
    critical services; and coordinating local, territorial, state, and
    national resources.'' Enactment of the Elder Justice Act can make that
    goal a reality.
        It is also important to stress how these steps at the federal level
    really do have an impact on preventing elder abuse and helping victims
    of elder abuse. We can tell you that, over the last fifteen years,
    American Bar Association staff have heard and read the stories of
    hundreds, if not thousands, of victims and caring family members who
    have sought assistance. Too many of those people were angry and
    frustrated at their inability to get help from adult protective
    services or law enforcement agencies, prosecutors, civil lawyers, the
    courts, and other local and state government agencies, or they felt
    that the ``help'' they received was counter-productive. Their stories
    demonstrate that the law-related provisions of the act, which the
    American Bar Association supports, would only improve the quality of
    justice currently provided to older persons who have been abused,
    neglected or exploited.
        The victim advocacy grants in the act that would support training
    about elder abuse of ``health care, social, and protective services
    providers, law enforcement, fiduciaries (including guardians), judges
    and court personnel, and victim advocates'' would decrease the
    likelihood of common situations like these: the older person whose
    assets were stolen by a guardian or agent under a power of attorney who
    is told that ``it's a civil legal problem, not a crime''; or the niece
    who suspects that her aunt is being financially exploited by a
    caregiver and subsequently learns that her suspicions were determined
    to be baseless after her aunt was interviewed while the alleged
    perpetrator sat next to her.
        Legal assistance for older persons would enable them to protect
    their retirement savings from the ``new best friend'' or to have legal
    representation if they face eviction because a grandchild is making
    methamphetamine in the home. Grants to support hiring and training of
    prosecutors and provide resources to their offices would reduce the
    number of victims who are told that elder abuse just isn't a priority.
    Studies of model state laws and practices would enable state
    legislators to more easily and effectively strengthen their laws
    protecting older persons from abuse.
        The American Bar Association encourages your subcommittee to
    quickly approve H.R. 1783. We especially support the law-related
    provisions that are in the House bill and not in the Senate version of
    the legislation, S. 1070. If passed by the House, we will urge a
    conference committee to include the law-related provisions in any final
    bill. The serious problems faced daily by victims cannot be fixed
    unless the justice system is given the resources it needs to
    effectively address those problems.
        Again, we thank you for weighing the need to move forward with the
    Elder Justice Act.
        Thank you for giving me this opportunity to submit the American Bar
    Association's views to you on this important subject.

        Mr. Scott. And without objection, the hearing record will
    remain open for 1 week for the submission of additional
    materials.
        Without objection, the Subcommittee stands adjourned.
        [Whereupon, at 12:03 p.m., the Subcommittee was adjourned.]
                                A P P E N D I X

                                  ----------

                   Material Submitted for the Hearing Record

           Prepared Statement of the Honorable Sheila Jackson Lee, a
        Representative in Congress from the State of Texas, and Member,
            Subcommittee on Crime, Terrorism, and Homeland Security
        Thank you Chairman Scott and ranking member Gohmert for your
    leadership in holding today's very important hearing which is aimed at
    making America a safer place. There are four bills that we will be
    discussing today. The bills address health and safety issues for
    children, students, and elders. It is fitting that we discuss these
    bills today during National Crime Victims week. These bills will
    protect the most vulnerable members of our society: the elderly and
    children. The four bills are: H.R. 1783, the Elder Justice Act; H.R.
    5352, the Elder Abuse Victims Act of 2008; H.R. 2352, the School Safety
    Enhancements Act of 2007; and H.R. 5464, A Child is Missing Alert and
    Recovery Center Act. I welcome our distinguished group of panelists and
    I look forward to their insightful testimony.
                              A. Elder Justice Act
        Each year in the United States, between one-half million to five
    million elders are abused, neglected or exploited. Experts agree that
    most cases are never reported. Data collected on the problem is
    minimal, and there has been no comprehensive national approach to
    solving the many problems. In fact, the House has held only one hearing
    on elder abuse, over 16 years ago, in 1991. These problems likely will
    increase in the next 30 years, as 76 million baby boomers approach
    retirement.
        H.R. 1783 sets forth a comprehensive plan for preventing and
    combating elder abuse, neglect and exploitation, including the
    development of the Elder Justice Coordinating Council within the Office
    of the Secretary of Health and Human Services (HHS). It authorizes
    funding for numerous programs to promote elder justice, including State
    and local adult protective services, and requires the Department of
    Justice (DOJ) to develop policies and plans and support federal
    prosecution of elder abuse. Witnesses expected to testify are the
    Honorable Rahm Emanuel, sponsor of H.R. 1783; and Bob Blancato,
    National Coordinator of the Elder Justice Coalition.
        The Elder Justice Act provides a comprehensive multi-disciplinary
    approach to preventing and combating elder abuse, neglect and
    exploitation, yet respects the need of and assists state and local
    communities to develop their own programs. It establishes the national
    Elder Justice Coordinating Council and Advisory Board on Elder Abuse,
    Neglect, and Exploitation. The Act starts the critically needed process
    of researching state practices and collecting national data on the
    problem. The Act authorizes grant monies for all areas of elder abuse,
    beginning with the prevention of abuse. It authorizes critically needed
    money to state and local adult protective services and helps long-term
    care facilities recruit, train and retain competent employees. It
    requires long-term care facilities to report suspected elder abuse, and
    provides grant money to law enforcement and prosecutors for the
    investigation and prosecution of elder abuse cases.
        The Elder Abuse Victims Act of 2008, H.R. 5352, focuses on the
    enforcement provisions of the Elder Justice Act. It provides funding
    for law enforcement and prosecutors to combat elder abuse. The
    Honorable Joe Sestak, sponsor of H.R. 5352, is expected to testify.
        H.R. 5352 establishes a national Elder Justice Coordinating Council
    and Advisory Board on Elder Abuse, Neglect, and Exploitation. Its
    purpose is to protect seniors in the United States from elder abuse by
    establishing specialized elder abuse prosecution and research programs
    and providing training for law enforcement and prosecutors.
        I note that H.R. 1783 should involve the Federal Bureau of
    Investigation because many of the elder abuse issues occur across state
    lines. Moreover, involving the FBI would provide greater enforcement,
    manpower, and resources. I would also like to offer an amendment to
    this bill or possibly H.R. 5465, also discussed today, to give elderly
    the option of wearing a bracelet that could be monitored to ensure
    their safety.
             B. School Safety Enhancements Act of 2007 (H.R. 2352)
        Violence at our schools have increased at an alarming rate in
    states such as California, Colorado, Illinois, Louisiana, Minnesota,
    Missouri, Ohio, Pennsylvania, Tennessee, Vermont, Virginia, Washington,
    and Wisconsin over the last few years. H.R. 2352 seeks to curb that
    stem of violence.
        H.R. 2352 increases authorized annual funding from $30 million to
    $50 million for FY 2008-2009 for the Secure Our Schools grant program,
    and decreases the non-federal grant participation percentage from 50%
    to 20%. It requires institutions of higher education to conduct annual
    campus safety assessments and develop and implement campus emergency
    response plans. The Honorable Steven R. Rothman (NJ-9), sponsor of H.R.
    2352 is expected to testify.
        This bill seeks to address the violence in our schools. It will
    ensure the safety of students and teachers and will make sure that
    education is the paramount concern of educators.
        The Act also increases the federal portion of the funding from 50%
    to 80%, which decreases the non-federal portion from 50% to 20%.
    According to the Community Oriented Policing Services (COPS) Office of
    the Department of Justice, which administers the Secure Our Schools
    grants, many of the poorer communities that need help the most have
    been unable to participate in the program because they cannot afford
    the previously required 50% non-federal grant match. The proposed
    change in non-federal funding is more in line with the COPS traditional
    75/25% split, and should allow more participation in the program.
        The Act increases the possible uses of funding to include
    surveillance equipment, hotlines to report potentially dangerous
    situations and capital improvements to make school facilities more
    secure. Finally, the Act requires the establishment of an interagency
    task force to develop and promulgate advisory school safety guidelines.
        The Act amends the existing requirements for grant applications,
    and requires each grant application to be accompanied by a report,
    signed by the chief education officer and the attorney general or other
    chief legal officer, demonstrating that the proposed use of the grant
    funds is an effective means for improving school safety, is consistent
    with a comprehensive approach to preventing school violence, and meets
    the individualized needs of the particular school.
        Finally, the Act amends the Higher Education Act and requires each
    eligible participating institution to conduct an annual campus safety
    assessment, and develop and implement a campus emergency response plan
    to address emergency situations, including natural disasters, active
    shooter situations, and terrorist attacks. The bill is sponsored by Mr.
    Rothman, and has 52 cosponsors.
        I note that I would like to offer an amendment that would
    specifically provide monies to the state and local schools to implement
    safety measures to protect students from terrorist attacks and
    hazardous conditions/chemicals. Moreover, the state and local schools
    should also be required to demonstrate that they have a response plan
    to deal with terrorist attacks and hazardous conditions.
          C. A Child Is Missing Alert and Recovery Center (H.R. 5464)
        A child goes missing every 40 seconds. The successful recovery of
    missing children often requires a quick response. In 1997, Sherry
    Friedlander, the founder of A Child is Missing (ACIM), saw the need for
    a rapid-response program to persons who go missing, especially in
    situations that do not involve abductions. In response to this need,
    she established ACIM, a national non-profit organization that offers
    free assistance to law enforcement 365 days of the year, 24 hours per
    day. The program is not limited to children, but extends to elderly
    persons (suffering from senility or Alzheimer's), mentally challenged
    or disabled individuals and college students.
        When law enforcement receives a call regarding a missing person,
    the first-responder can immediately call ACIM for help. The officer
    provides critical information to ACIM, such as the person's age and
    description and the last time/place seen. ACIM uses that information to
    record a message that, within minutes, is sent via phone to 1000s of
    locations within a radius of the last sighting of the person. Through
    their computer mapping system, ACIM also can identify ``hot spots,''
    such as water or wooded areas.
        ACIM complements the Amber Alert program by providing different
    services. While Amber Alert focuses on children who are abducted, ACIM
    covers all ``persons'' who go missing, including situations where
    criminal intent may not be at issue. Amber Alert uses television and
    highway signs to broadcast information about the abducted child and the
    related vehicle, while ACIM uses a rapid response telephone alert
    system and covers cases where there is no vehicle involved. The ACIM
    notification system often can respond more quickly than the Amber Alert
    program.
        ACIM would use the requested money to operate and expand the
    existing ACIM office in Florida, to develop Regional Centers for on-
    site training and communication with local law enforcement, to maintain
    and expand their computer and phone technologies, and to assist the
    National Center for Missing and Exploited Children, the AMBER Alert
    Coordinator, and appropriate law enforcement agencies with training.
        H.R. 5464 authorizes $5 million annual grants for 2009 through 2014
    to A Child is Missing Alert and Recovery Center (ACIM) to assist law
    enforcement in the rapid recovery of missing children and other
    individuals. Witnesses expected to testify are the Honorable Ron Klein
    (FL-22), sponsor of H.R.5464; Sherry Friedlander, the founder of ACIM;
    and Vernon Keenan, Director of the Georgia Bureau of Investigation.
        The bill is sponsored by Mr. Klein and has bi-partisan support. It
    has 21 cosponsors, including committee members Chairman Conyers,
    Chairman Scott, Mr. Chabot, Mr. Nadler, Mr. Wexler, Mr. Cohen, Mr.
    Johnson, Ms. Sutton, and Ms. Wasserman Schultz.
        I look forward to hearing from our witnesses ad look forward to
    their testimony. I hope that we can ensure the health and safety of the
    young and the elderly--two vulnerable populations--whose rights I have
    long championed. Thank you, and I yield the remainder of my time.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

               Prepared Statement of the National Association of
                    Local Long Term Care Ombudsmen (NALLTCO)
        Mr. Chairman and Members of the Committee;
        We, the governing board, appreciate the opportunity to present the
    views of the membership of the National Association of Local Long Term
    Care Ombudsmen regarding H.R. 1783, the ``Elder Justice Act.'' NALLTCO
    lauds the Crime, Terrorism, and Homeland Security Subcommittee of the
    House Judiciary Committee for holding the April 17, 2008 hearing on the
    Elder Justice Act. As Representative Rahm Emanuel stated, ``it has been
    over 17 years since the House had hearings regarding the problem of
    elder abuse, neglect, and exploitation as witnessed throughout the
    nation.'' No current federal law comprehensively addresses these issues
    in a standardized manner, and limited resources are available to
    professionals in the field to collect the data needed to research the
    scope of the matter.
        In our duties as regional and local long term care ombudsmen, our
    members are faced daily with the atrocities that are inflicted on our
    most frail and vulnerable adults that live in long term care settings.
    We sustain a united support for efforts that create a national law
    which powerfully raises public awareness, supports research, training
    and technical assistance, funds critical services, (including the
    ombudsman program), and coordinates the resources of national resources
    with the state, regional, and local entities. The Elder Justice Act
    serves as a vehicle to coordinate all of these efforts.
        Civil remedies have been rendered inadequate through the imposition
    of binding arbitration agreements placed in admission contracts. The
    victim of elder abuse in a long term care setting is already deprived
    of a voice of credibility when alleging they have been harmed. The
    resident is dependent on caregivers for all aspects of their daily
    living, as basic as the food they consume, the medicines they need to
    withstand illness, and the most intimate tasks of hygiene. The current
    laws vary from state to state, with little standardization regarding
    the victim's rights to pursue criminal actions. The victim advocacy
    grants outlined in the act would provide resources for training about
    elder abuse to ``healthcare, social, and protective services providers,
    law enforcement, fiduciaries (including guardians), judges and court
    personnel, and victim advocates.'' Provisions to study model state laws
    and practices would establish standards of practice and enable state
    and local legislators to easily identify and strengthen their own laws
    protecting our nation's elders. As ombudsmen, we know that so few of
    the alleged cases of abuse in long term care settings are vetted in the
    prosecution and conviction of perpetrators that are caregivers or
    family members who may inflict physical harm or commit financial acts
    of exploitation. Fear of retaliation is a real phenomenon because so
    many victims of elder abuse express their need for continued reliance
    on the very person who has inflicted the harm.
        We strongly urge the Committee to approve the provisions within
    H.R. 1783. Our nation's long term care residents are entitled to swift
    action of protection. They should not be required to wait for justice.
    If passed, we encourage a conference committee with the Senate to adopt
    provisions that are reflective of law-related provisions in the
    legislation that may not be included in the Senate version S. 1070 of
    the same title. We are active members of the Elder Justice Coalition
    and fully support the testimony entered by Bob Blancato.
        We thank you for the progressive step in acknowledging that elder
    abuse is prevalent in long term care settings and needs immediate
    attention. NALLTCO urges you to take action and vote in favor of the
    Elder Justice Act.
                                     ______

        Respectfully submitted by the NALLTCO Board of Directors:
    Jacqueline Case (NJ/NY) Chair; JM Sorrell (MA) Vice-Chair; Tonya Amos
    (IA) Treasurer; Eileen Bennett (MD) Secretary; Patrice Berry (TX);
    Karen Guice (AL); Alana Kietzman (MT); Cindy Kincaid (NC); Sue McCauley
    (AZ); Alice Nicholson (VT); Joe Oertel (WA); Tammy Wacker (IL); John
    Weir (MI)