[Congressional Record Volume 154, Number 159 (Wednesday, October 1, 2008)]
[Senate]
[Pages S10326-S10328]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN:
  S. 3668. A bill to create a grant program for collaboration programs 
that ensure coordination among criminal justice agencies, adult 
protective services agencies, victim assistance programs, and other 
agencies or organizations providing services to individuals with 
disabilities in the investigation and response to abuse of or crimes 
committed against such individuals; to the Committee on the Judiciary.
  Mr. BIDEN. Mr. President, I rise today to introduce the Crime Victims 
with Disabilities Act of 2008.
  Adults with disabilities experience violence or abuse at least twice 
as often as people without disabilities, and adults with developmental 
disabilities are at risk of being physically or sexually assaulted at 
rates four to ten times greater than other adults. In fact, an 
estimated 5 million crimes are committed annually against persons with 
developmental disabilities and an estimated 70 percent of these crimes 
are not reported.
  Adding insult to injury, individuals with disabilities suffer 
additional ``victimization'' within the justice system, due to lack of 
physical, programmatic, and communications accommodations needed for 
equal access.
  The Crime Victims with Disabilities Act takes a commonsense approach 
to fixing this problem by providing funds to increase the 
investigation, prosecution, and prevention of crimes against persons 
with disabilities and by facilitating collaboration among criminal 
justice agencies and other agencies and organizations that provide 
services to people with disabilities to improve services to those who 
are victimized.
  Collaboration among criminal justice agencies and agencies and 
organizations that provide services to individuals with disabilities is 
necessary to ensure that crimes are reported and investigated properly, 
prosecutors are properly trained, appropriate accommodations are 
provided to disabled victims, and communication between criminal 
justice agencies and organizations that provide services to individuals 
with disabilities is effective.
  The bill funds a modest grant program that would allow States, units 
of local government, and Indian Tribes to develop programs to 
facilitate collaboration among criminal justice agencies and agencies 
and organizations that provide services to individuals with 
disabilities for these purposes. The bill authorizes $50,000 for each 
planning grant and $300,000 for each implementation grant for a total 
authorization for the grant program of $10 million for the first year.
  The bill also authorizes $4 million over 4 years to fund research to 
assist the Attorney General in collecting valid, reliable national data 
relating to crimes against individuals with developmental and related 
disabilities for the National Crime Victims Survey conducted by the 
Bureau of Justice Statistics of the Department of Justice as required 
by the Crime Victims with Disabilities Awareness Act. Currently, the 
Bureau of Justice Statistics does not specifically collect this data, 
leaving many crimes against persons with disabilities unreported in the 
survey and making it difficult to address this problem adequately.
  The Association of University Centers on Disabilities, the National 
Center for Victims of Crime, the National Council on Independent 
Living, the National Disability Rights Network, the National Child 
Abuse Coalition, Easter Seals, the Arc of the United States, and United 
Cerebral Palsy have endorsed the bill. I hope my colleagues will join 
me in supporting this bill which will protect some of the most 
vulnerable members of our society--individuals with disabilities who 
are victims of crime.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3668

       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 ``Crime Victims with 
     Disabilities Act of 2008''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Adults with disabilities experience violence or abuse 
     at least twice as often as people without disabilities, and 
     adults with developmental disabilities are at risk of being 
     physically or sexually assaulted at rates four to ten times 
     greater than other adults.
       (2) Individuals with disabilities suffer from additional 
     ``victimization'' within the justice system, due to lack of 
     physical, programmatic, and communications accommodations 
     needed for equal access.
       (3) Women with disabilities are more likely to be 
     victimized, to experience more severe and prolonged violence, 
     and to suffer more serious and chronic effects from that 
     violence, than women without such disabilities.
       (4) Sixty-eight to 83 percent of women with developmental 
     disabilities will be sexually assaulted in their lifetime.
       (5) An estimated 5,000,000 crimes are committed against 
     individuals with developmental disabilities annually.
       (6) Over 70 percent of crimes committed against individuals 
     with developmental disabilities are not reported.
       (7) Studies in the United States, Canada, Australia, and 
     Great Britain consistently show that victims with 
     developmental disabilities suffer repeated victimization 
     because so few of the crimes against them are reported.
       (8) The National Crime Victims Survey conducted annually by 
     the Bureau of Justice

[[Page S10327]]

     Statistics of the Department of Justice, does not 
     specifically collect data relating to crimes against 
     individuals with developmental disabilities, nor do they use 
     disability as a demographic variable as they use other 
     important demographic variables, such as gender, age, and 
     racial and ethnic membership.

     SEC. 3. PURPOSE.

       (a) In General.--The purpose of this Act is to increase the 
     awareness, investigation, prosecution, and prevention of 
     crimes against individuals with a disability, including 
     developmental disabilities, and improve services to those who 
     are victimized, by facilitating collaboration among the 
     criminal justice system and a range of agencies and other 
     organizations that provide services to individuals with 
     disabilities.
       (b) Need for Collaboration.--Collaboration among the 
     criminal justice system and agencies and other organizations 
     that provide services to individuals with disabilities is 
     needed to--
       (1) protect individuals with disabilities by ensuring that 
     crimes are reported, and that reported crimes are actively 
     investigated by both law enforcement agencies and agencies 
     and other organizations that provide services to individuals 
     with disabilities;
       (2) provide prosecutors and victim assistance organizations 
     with adequate training to ensure that crimes against 
     individuals with disabilities are appropriately and 
     effectively addressed in court;
       (3) identify and ensure that appropriate reasonable 
     accommodations are provided to individuals with disabilities 
     in a safe and conducive environment, allowing crimes to be 
     reported accurately to law enforcement agencies; and
       (4) promote communication among criminal justice agencies, 
     and agencies and other organizations that provide services to 
     individuals with disabilities, including Victim Assistance 
     Organizations, to ensure that the needs of crime victims with 
     disabilities are met.

     SEC. 4. DEPARTMENT OF JUSTICE CRIME VICTIMS WITH DISABILITIES 
                   COLLABORATION PROGRAM.

       The Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.) is amended by adding at the end the 
     following:

    ``PART JJ--GRANTS TO RESPOND TO CRIMES AGAINST INDIVIDUALS WITH 
                              DISABILITIES

     ``SEC. 3001. CRIME VICTIMS WITH DISABILITIES COLLABORATION 
                   PROGRAM GRANTS.

       ``(a) Definitions.--In this section:
       ``(1) Applicant.--The term `applicant' means a State, unit 
     of local government, Indian tribe, or tribal organization 
     that applies for a grant under this section.
       ``(2) Collaboration program.--The term `collaboration 
     program' means a program to ensure coordination between or 
     among a criminal justice agency, an adult protective services 
     agency, a victim assistance organization, and an agency or 
     other organization that provides services to individuals with 
     disabilities, including but not limited to individuals with 
     developmental disabilities, to address crimes committed 
     against individuals with disabilities and to provide services 
     to individuals with disabilities who are victims of crimes.
       ``(3) Criminal justice agency.--The term `criminal justice 
     agency' means an agency of a State, unit of local government, 
     Indian tribe, or tribal organization that is responsible for 
     detection, investigation, arrest, enforcement, adjudication, 
     or incarceration relating to the violation of the criminal 
     laws of that State, unit of local government, Indian tribe, 
     or tribal organization, or an agency contracted to provide 
     such services.
       ``(4) Adult protective services agency.--The term `adult 
     protective services agency' means an agency that provides 
     adult protective services to adults with disabilities, such 
     as the protection and advocacy systems established under 
     section 143 of the Developmental Disabilities Assistance and 
     Bill of Rights Act of 2000 (42 U.S.C. 15043), including--
       ``(A) receiving reports of abuse, neglect, or exploitation;
       ``(B) investigating the reports described in subparagraph 
     (A);
       ``(C) case planning, monitoring, evaluation, and other 
     casework 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 for adults with disabilities.
       ``(5) Day program.--The term `day program' means a 
     government or privately funded program that provides care, 
     supervision, social opportunities, or jobs to individuals 
     with disabilities.
       ``(6) Implementation grant.--The term `implementation 
     grant' means a grant under subsection (e).
       ``(7) Individuals with disabilities.--The term `individuals 
     with disabilities' means individuals--
       ``(A) 18 years of age or older; and
       ``(B) who have a developmental, cognitive, physical, or 
     other disability that results in substantial functional 
     limitations in 1 or more of the following areas of major life 
     activity:
       ``(i) Self-care.
       ``(ii) Receptive and expressive language.
       ``(iii) Learning.
       ``(iv) Mobility.
       ``(v) Self-direction.
       ``(vi) Capacity for independent living.
       ``(vii) Economic self-sufficiency.
       ``(viii) Cognitive functioning.
       ``(ix) Emotional adjustment.
       ``(8) Planning grant.--The term `planning grant' means a 
     grant under subsection (f).
       ``(9) Secretary.--The term `Secretary' means the Secretary 
     of Health and Human Services.
       ``(10) Unit of local government.--The term `unit of local 
     government' means any city, county, township, town, borough, 
     parish, village, or other general purpose political 
     subdivision of a State.
       ``(b) Authorization.--In consultation with the Secretary, 
     the Attorney General may make grants to applicants to prepare 
     a comprehensive plan for or to implement a collaboration 
     program that provides for--
       ``(1) the investigation and remediation of instances of 
     abuse of or crimes committed against individuals with 
     disabilities; or
       ``(2) the provision of services to individuals with 
     disabilities who are the victims of a crime or abuse.
       ``(c) Use of Funds.--A grant under this section shall be 
     used for a collaborative program that--
       ``(1) receives reports of abuse of individuals with 
     disabilities or crimes committed against such individuals;
       ``(2) investigates and evaluates reports of abuse of or 
     crimes committed against individuals with disabilities;
       ``(3) visits the homes or other locations of abuse, and, if 
     applicable, the day programs of individuals with disabilities 
     who have been victims of abuse or a crime for purposes of, 
     among other things, assessing the scene of the abuse and 
     evaluating the condition and needs of the victim;
       ``(4) identifies the individuals responsible for the abuse 
     of or crimes committed against individuals with disabilities;
       ``(5) remedies issues identified during an investigation 
     described in paragraph (2);
       ``(6) prosecutes the perpetrator, where appropriate, of any 
     crime identified during an investigation described in 
     paragraph (2);
       ``(7) provides services to and enforces statutory rights of 
     individuals with disabilities who are the victims of a crime; 
     and
       ``(8) develops curricula and provides interdisciplinary 
     training for prosecutors, criminal justice agencies, 
     protective service agencies, victims assistance agencies, 
     educators, community based providers and health, mental 
     health, and allied health professionals in the area of 
     disabilities, including developmental disabilities.
       ``(d) Applications.--
       ``(1) In general.--To receive a planning grant or an 
     implementation grant, an applicant shall submit an 
     application to the Attorney General at such time, in such 
     manner, and containing such information as the Attorney 
     General, in consultation with the Secretary, may reasonably 
     require, in addition to the information required by 
     subsection (e)(1) or (f)(1), respectively.
       ``(2) Combined planning and implementation grant 
     application.--
       ``(A) In general.--The Attorney General, in consultation 
     with the Secretary, shall develop a procedure allowing an 
     applicant to submit a single application requesting both a 
     planning grant and an implementation grant.
       ``(B) Conditional grant.--The award of an implementation 
     grant to an applicant submitting an application under 
     subparagraph (A) shall be conditioned on successful 
     completion of the activities funded under the planning grant, 
     if applicable.
       ``(e) Planning Grants.--
       ``(1) Applications.--An application for a planning grant 
     shall include, at a minimum--
       ``(A) a budget;
       ``(B) a budget justification;
       ``(C) a description of the outcome measures that will be 
     used to measure the effectiveness of the program;
       ``(D) a schedule for completing the activities proposed in 
     the application;
       ``(E) a description of the personnel necessary to complete 
     activities proposed in the application; and
       ``(F) provide assurances that program activities and 
     locations are and will be in compliance with section 504 of 
     the Rehabilitation Act of 1973 throughout the grant period.
       ``(2) Period of grant.--A planning grant shall be made for 
     a period of 1 year, beginning on the first day of the month 
     in which the planning grant is made.
       ``(3) Amount.--The amount of planning grant shall not 
     exceed $50,000, except that the Attorney General may, for 
     good cause, approve a grant in a higher amount.
       ``(4) Limit on number.--The Attorney General, in 
     consultation with the Secretary, shall not make more than 1 
     such planning grant to any State, unit of local government, 
     Indian tribe, or tribal organization.
       ``(f) Implementation Grants.--
       ``(1) Implementation grant applications.--An application 
     for an implementation grant shall include the following:
       ``(A) Collaboration.--An application for an implementation 
     grant shall--
       ``(i) identify not fewer than 1 criminal justice 
     enforcement agency or adult protective services organization 
     and not fewer than 1 agency, crime victim assistance program, 
     or other organization that provides services to individuals 
     with disabilities, such as the protection and advocacy 
     systems established under section 143 of the Developmental 
     Disabilities Assistance and Bill of Rights Act of 2000 (42 
     U.S.C. 15043), that will participate in the collaborative 
     program; and

[[Page S10328]]

       ``(ii) describe the responsibilities of each participating 
     agency or organization, including how each agency or 
     organization will use grant funds to facilitate improved 
     responses to reports of abuse and crimes committed against 
     individuals with disabilities.
       ``(B) Guidelines.--An application for an implementation 
     grant shall describe the guidelines that will be developed 
     for personnel of a criminal justice agency, adult protective 
     services organization, crime victim assistance program, and 
     agencies or other organizations responsible for services 
     provided to individuals with disabilities to carry out the 
     goals of the collaborative program.
       ``(C) Financial.--An application for an implementation 
     grant shall--
       ``(i) explain why the applicant is unable to fund the 
     collaboration program adequately without Federal funds;
       ``(ii) specify how the Federal funds provided will be used 
     to supplement, and not supplant, the funding that would 
     otherwise be available from the State, unit of local 
     government, Indian tribe, or tribal organization; and
       ``(iii) outline plans for obtaining necessary support and 
     continuing the proposed collaboration program following the 
     conclusion of the grant under this section.
       ``(D) Outcomes.--An application for an implementation grant 
     shall--
       ``(i) identify the methodology and outcome measures, as 
     required by the Attorney General, in consultation with the 
     Secretary, for evaluating the effectiveness of the 
     collaboration program, which may include--

       ``(I) the number and type of agencies participating in the 
     collaboration;
       ``(II) any trends in the number and type of cases referred 
     for multidisciplinary case review;
       ``(III) any trends in the timeliness of law enforcement 
     review of reported cases of violence against individuals with 
     a disability; and
       ``(IV) the number of persons receiving training by type of 
     agency;

       ``(ii) describe the mechanisms of any existing system to 
     capture data necessary to evaluate the effectiveness of the 
     collaboration program, consistent with the methodology and 
     outcome measures described in clause (i) and including, where 
     possible, data regarding--

       ``(I) the number of cases referred by the adult protective 
     services agency, or other relevant agency, to law enforcement 
     for review;
       ``(II) the number of charges filed and percentage of cases 
     with charges filed as a result of such referrals;
       ``(III) the period of time between reports of violence 
     against individuals with disabilities and law enforcement 
     review; and
       ``(IV) the number of cases resulting in criminal 
     prosecution, and the result of each such prosecution; and

       ``(iii) include an agreement from any participating or 
     affected agency or organization to provide the data described 
     in clause (ii).
       ``(E) Form of data.--The Attorney General, in consultation 
     with the Secretary, shall promulgate and supply a common 
     electronic reporting form or other standardized mechanism for 
     reporting of data required under this section.
       ``(F) Collaboration set aside.--Not less than 5 percent and 
     not more than 10 percent of the funds provided under an 
     implementation grant shall be set aside to procure technical 
     assistance from any recognized State model program or from a 
     recognized national organization, as determined by the 
     Attorney General (in consultation with the Secretary), 
     including the National District Attorneys Association and the 
     National Adult Protective Services Association.
       ``(G) Other programs.--An applicant for an implementation 
     grant shall describe the relationship of the collaboration 
     program to any other program of a criminal justice agency or 
     other agencies or organizations providing services to 
     individuals with disabilities of the State, unit of local 
     government, Indian tribe, or tribal organization applying for 
     an implementation grant.
       ``(2) Period of grant.--
       ``(A) In general.--An implementation grant shall be made 
     for a period of 2 years, beginning on the first day of the 
     month in which the implementation grant is made.
       ``(B) Renewal.--An implementation grant may be renewed for 
     1 additional period of 2 years, if the applicant submits to 
     the Attorney General and the Secretary a detailed explanation 
     of why additional funds are necessary.
       ``(3) Amount.--An implementation grant shall not exceed 
     $300,000.
       ``(g) Evaluation of Program Efficacy.--
       ``(1) Establishment.--The Attorney General, in consultation 
     with the Secretary, shall establish a national center to 
     evaluate the overall effectiveness of the collaboration 
     programs funded under this section.
       ``(2) Responsibilities.--The national center established 
     under paragraph (1) shall--
       ``(A) analyze information and data supplied by grantees 
     under this section; and
       ``(B) submit an annual report to the Attorney General and 
     the Secretary that evaluates the number and rate of change of 
     reporting, investigation, and prosecution of charges of a 
     crime or abuse against individuals with disabilities.
       ``(3) Authorization.--The Attorney General may use not more 
     than $500,000 of amounts made available under subsection (h) 
     to carry out this subsection.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Department of Justice to 
     carry out this section--
       ``(1) $10,000,000 for fiscal year 2009; and
       ``(2) such sums as are necessary for each of fiscal years 
     2010 through 2015.''.

     SEC. 5. RESEARCH GRANT AND REPORT.

       (a) In General.--The purpose of this section is to provide 
     for research to assist the Attorney General in collecting 
     valid, reliable national data relating to crimes against 
     individuals with developmental and related disabilities for 
     the National Crime Victims Survey conducted by the Bureau of 
     Justice Statistics of the Department of Justice as required 
     by the Crime Victims with Disabilities Awareness Act.
       (b) National Interdisciplinary Advisory Council.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall establish a national interdisciplinary 
     advisory council (referred to in this section as the 
     ``advisory council''), that includes individuals with 
     disabilities, which shall provide input into the 
     methodologies used to collect valid, reliable national data 
     on crime victims with developmental and related disabilities, 
     participate in reviewing the data collected through the 
     research grant program, and assist in writing the final 
     report.
       (2) Recommended methodology.--Not later than 6 months after 
     the establishment of the advisory council, the advisory 
     council shall provide to the Secretary of Health and Human 
     Services its recommended methodology for collecting incidence 
     data on violence against people with developmental and 
     related disabilities.
       (c) Research Grant Program.--Not later than 12 months after 
     the date of the enactment of this Act, the Secretary of 
     Health and Human Services shall--
       (1) review the methodology developed by the advisory 
     council related to collecting incidence data on violence 
     against people with developmental and related disabilities; 
     and
       (2) based on such review, shall award grants in accordance 
     with this section to eligible recipients, to collect valid, 
     reliable national data on crime victims with developmental 
     and related disabilities that can be validly compared to data 
     from the National Crime Victims Survey.
       (d) Report.--Not later than 12 months after the Secretary 
     of Health and Human Services awards the research grants under 
     subsection (c), the advisory council shall review the data 
     eligible recipients of the grants collected and write a 
     report to be presented to the Secretary of Health and Human 
     Services, the Attorney General, and the Bureau of Justice 
     Statistics.
       (e) Definitions.--
       (1) Eligible recipient.--The term ``eligible recipient'' 
     means--
       (A) a State agency;
       (B) a private, nonprofit organization;
       (C) a University Center for Excellence in Developmental 
     Disabilities; or
       (D) any public entity that has a demonstrated ability to--
       (i) collaborate with criminal justice, child welfare, and 
     other agencies and organizations that provide services to 
     individuals with disabilities, including victim assistance 
     and violence prevention organizations, to ensure that 
     incidence data can be aggregated to accurately show the 
     incidence of abuse of individuals with disabilities 
     nationally; and
       (ii) conduct research and collect data to measure the 
     extent of the problem of crimes against individuals with 
     developmental and related disabilities, including--

       (I) understanding the nature and extent of crimes against 
     individuals with developmental and related disabilities, 
     including domestic violence and all types of abuse;
       (II) describing the manner in which the justice system 
     responds to crimes against individuals with developmental and 
     related disabilities; and
       (III) identifying programs, policies, or laws that hold 
     promises for making the justice system more responsive to 
     crimes against individuals with developmental and related 
     disabilities.

       (2) Developmental disabilities.--The term ``developmental 
     disabilities'' has the meaning given that term in section 
     102(8) of the Developmental Disabilities Assistance and Bill 
     of Rights Act of 2000 (42 U.S.C. 15002(8)).
       (3) Related disabilities.--The term ``related 
     disabilities'' means autism spectrum disorders, cerebral 
     palsy, spina bifida, epilepsy, traumatic brain injury, or 
     other lifelong disabilities that are acquired prior to the 
     age of 21.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $1,000,000 for 
     each of fiscal years 2009 through 2012.
                                 ______