[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
----------
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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
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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)