[Congressional Record Volume 157, Number 30 (Wednesday, March 2, 2011)]
[Senate]
[Pages S1142-S1144]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KOHL (for himself, Mr. Casey, Mrs. Gillibrand, Mr. 
        Blumenthal, Mr. Nelson of Florida, Ms. Mikulski, and Mr. Brown 
        of Ohio):
  S. 462. A bill to better protect, serve, and advance the rights of 
victims of elder abuse and exploitation by establishing a program to 
encourage States and other qualified entities to create jobs designed 
to hold offenders accountable, enhance the capacity of the justice 
system to investigate, pursue, and prosecute elder abuse cases, 
identify existing resources to leverage to the extent possible, and 
assure data collection, research, and evaluation to promote the 
efficacy and efficiency of the activities described in this Act; to the 
Committee on the Judiciary.
  Mr. KOHL. Mr. President, I rise today with Senators Blumenthal, 
Sherrod Brown, Casey, Gillibrand, Mikulski and Bill Nelson to introduce 
the Elder Abuse Victims Act of 2011. This legislation creates in the 
Department of Justice an Office of Elder Justice, OEJ, that will 
protect America's seniors by strengthening law enforcement's response 
to elder abuse. The OEJ will provide leadership, training materials and 
other needed information to prosecutors, law enforcement, adult 
protective services and others, in order to build a robust 
infrastructure to effectively address elder abuse. Additionally, the 
bill will encourage states to set up multidisciplinary teams where 
information and resources are shared in order to better serve the 
victims of elder abuse.
  The plight of vulnerable seniors is a subject of great concern. Elder 
abuse is often hidden from sight by the victims themselves. Even so, 
experts conservatively estimate that as many as two million Americans 
age 65 and older have been injured, exploited, or otherwise mistreated 
by someone on whom they depend for care or protection.
  As Federal policymakers, it is time that we step forward and tackle 
this challenge with dedicated efforts and more vigorous programs that 
will make fighting elder abuse as important a priority as ongoing 
efforts to counter child abuse.
  We need to provide assistance to our courts, which would benefit from 
having access to designated staff that has particular knowledge and 
expertise in elder abuse. Specialized protocols may be required where 
victims are unable to testify on their own behalf, due to cognitive 
impairments or poor physical health. And there is a great need for 
specialized knowledge that will support successful prosecutions and 
enhance the development of case law. Today, many state elder abuse 
statutes lack adequate provisions to encourage wide reporting of abuse 
and exploitation, more thorough investigations, and greater prosecution 
of abuse cases.
  For the victims of elder abuse, many of whom are physically frail and 
very frightened, we must do much more. First and foremost, we must be 
more responsive. Not too long ago, it was difficult to even get an 
abuse case investigated. While that is starting to change, we have much 
more work to do. Sometimes, for example, emergency interventions may be 
needed, particularly if the older person is being harmed at the hands 
of family members or trusted ``friends.'' It may be necessary to remove 
the older adult from his or her home to a temporary safe haven. To do 
this, we must build a much more robust infrastructure.
  This legislation, strongly supported by the Elder Justice Coalition, 
will go a long way toward improving the ability of law enforcement, 
prosecutors and other government agencies to respond to abuse of older 
Americans.
  I urge my colleagues to support this important legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.

[[Page S1143]]

  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 462

       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 
     2011''.

     SEC. 2. DEFINITIONS.

       In this Act--
       (1) the terms ``abuse'', ``elder'', ``elder justice'', 
     ``exploitation'', and ``neglect'' have the meanings given 
     those terms in section 2011 of the Social Security Act (42 
     U.S.C. 1397j);
       (2) the term ``elder abuse'' includes neglect and 
     exploitation;
       (3) the term ``Director'' means the Director of the Office 
     appointed under section 3(b);
       (4) the term ``Office'' means the Office of Elder Justice 
     established under section 3(a);
       (5) the term ``State'' means each of the several States of 
     the United States, the District of Columbia, the Commonwealth 
     of Puerto Rico, and any other territory of possession of the 
     United States; and
       (6) the term ``task force'' means a multidisciplinary task 
     force on elder justice established or designated under 
     section 5(c)(1).

     SEC. 3. OFFICE OF ELDER JUSTICE.

       (a) In General.--There is established within the Department 
     of Justice a office to be known as the Office of Elder 
     Justice, which shall address issues relating to elder abuse.
       (b) Director.--The Office shall be headed by a Director who 
     shall--
       (1) be appointed by the President, by and with the advice 
     and consent of the Senate, from among individuals with 
     experience and expertise in elder abuse; and
       (2) serve as counsel to the Attorney General on elder 
     justice and elder abuse.
       (c) Responsibilities.--The Director shall--
       (1) create, compile, evaluate, and disseminate materials 
     and information, and provide the necessary training and 
     technical assistance, to assist States and units of local 
     government in--
       (A) investigating, prosecuting, pursuing, preventing, 
     understanding, and mitigating the impact of--
       (i) physical, sexual, and psychological abuse of elders;
       (ii) exploitation of elders, including financial abuse and 
     scams targeting elders; and
       (iii) neglect of elders; and
       (B) assessing, addressing, and mitigating the physical and 
     psychological trauma to victims of elder abuse;
       (2) collect data and perform an evidence-based evaluation 
     to--
       (A) assure the efficacy of measures and methods intended to 
     prevent, detect, respond to, or redress elder abuse; and
       (B) evaluate the number of victims of elder abuse in each 
     State and the extent to which the needs of the victims are 
     served by crime victim services, programs, and sources of 
     funding;
       (3) publish a report, on an annual basis, that describes 
     the results of the evaluations conducted under paragraphs (1) 
     and (2), and submit the report to each Federal agency, each 
     State, and the Committee on the Judiciary and the Special 
     Committee on Aging of the Senate and the Committee on the 
     Judiciary of the House of Representatives;
       (4) evaluate training models to determine best practices, 
     create replication guides, create training materials, if 
     necessary, for law enforcement officers, prosecutors, judges, 
     emergency responders, individuals working in victim services, 
     adult protective services, social services, and public 
     safety, medical personnel, mental health personnel, financial 
     services personnel, and any other individuals whose work may 
     bring them in contact with elder abuse regarding how to--
       (A) conduct investigations in elder abuse cases;
       (B) address evidentiary issues and other legal issues; and
       (C) appropriately assess, respond to, and interact with 
     victims and witnesses in elder abuse cases, including in 
     administrative, civil, and criminal judicial proceedings;
       (5) conduct, and update on a regular basis, a study of laws 
     and practices relating to elder abuse, neglect, and 
     exploitation, including--
       (A) a comprehensive description of State laws and 
     practices;
       (B) an analysis of the effectiveness of State laws and 
     practices, including--
       (i) whether the State laws are enforced; and
       (ii) if enforced--

       (I) how the State laws are enforced; and
       (II) how enforcement of the State laws has effected elder 
     abuse within the State;

       (C) a review of State definitions of the terms ``abuse'', 
     ``neglect'', and ``exploitation'' in the context of elder 
     abuse cases;
       (D) a review of State laws that mandate reporting of elder 
     abuse, including adult protective services laws, laws that 
     require the reporting of nursing home deaths or suspicious 
     deaths of elders to coroners or medical examiners, and other 
     pertinent reporting laws, that analyzes--
       (i) the impact and efficacy of the State laws;
       (ii) whether the State laws are enforced;
       (iii) the levels of compliance with the State laws; and
       (iv) the response to, and actions taken as a result of, 
     reports made under the State laws;
       (E) a review of State evidentiary, procedural, sentencing, 
     choice of remedies, and data retention issues relating to 
     elder abuse, neglect, and exploitation;
       (F) a review of State fiduciary laws, including law 
     relating to guardianship, conservatorship, and power of 
     attorney;
       (G) a review of State laws that permit or encourage 
     employees of depository institutions (as defined in section 
     3(c)(1) of the Federal Deposit Insurance Act (12 U.S.C. 
     1813(c)(1)) and State credit unions (as defined in section 
     101 of the Federal Credit Union Act (12 U.S.C. 1752)) to 
     prevent and report suspected elder abuse, neglect, and 
     exploitation;
       (H) a review of State laws used in civil court proceedings 
     to prevent and address elder abuse;
       (I) a review of State laws relating to fraud and related 
     activities in connection with mail, telemarketing, the 
     Internet, or health care;
       (J) a review of State laws that create programs, offices, 
     entities, or other programs that address or respond to elder 
     abuse; and
       (K) an analysis of any other State laws relating to elder 
     abuse; and
       (6) carry out such other duties as the Attorney General 
     determines necessary in connection with enhancing the 
     understanding, prevention, detection, and response to elder 
     abuse.

     SEC. 4. DATA COLLECTION.

       The Attorney General, in consultation with the Secretary of 
     Health and Human Services, shall, on an annual basis--
       (1) collect from Federal, State, and local law enforcement 
     agencies and prosecutor offices statistical data relating to 
     the incidence of elder abuse, including data relating to--
       (A) the number of elder abuse cases referred to law 
     enforcement agencies, adult protective services, or any other 
     State entity tasked with addressing elder abuse;
       (B) the number and types of cases filed in Federal, State, 
     and local courts; and
       (C) the outcomes of the cases described in subparagraphs 
     (A) and (B) and the reasons for such outcomes;
       (2) identify common data points among Federal, State, and 
     local law enforcement agencies and prosecutor offices that 
     would allow for the collection of uniform national data;
       (3) publish a summary of the data collected under 
     paragraphs (1) and (2);
       (4) identify--
       (A) the types of data relevant to elder abuse that should 
     be collected; and
       (B) what entity is most capable of collecting the data 
     described in subparagraph (A); and
       (5) develop recommendations for collecting additional data 
     relating to elder abuse.

     SEC. 5. ELDER VICTIMS GRANT PROGRAM.

       (a) In General.--The Director may make grants and provide 
     technical assistance to not more than 15 States to assist the 
     States in developing, establishing, and operating programs 
     designed to improve--
       (1) the response to cases of elder abuse in a manner that 
     limits additional trauma to the elder victims; and
       (2) the investigation and prosecution of cases of elder 
     abuse.
       (b) Eligibility.--A State is eligible to receive a grant 
     under this section if the State--
       (1) has a crime victims compensation program that meets the 
     criteria described in section 1403(b) of the Victims of Crime 
     Act of 1984 (42 U.S.C. 10602(b)); and
       (2) is in compliance with subsection (c).
       (c) Establishment of Task Force.--
       (1) In general.--In order to be eligible to receive a grant 
     under this section, a State shall establish or, subject to 
     paragraph (5), designate a multidisciplinary task force on 
     elder justice that is composed of professionals with 
     knowledge and experience relating to the criminal justice 
     system and issues of elder abuse.
       (2) Membership requirement.--Except as provided in 
     paragraph (6), a task force shall include--
       (A) representatives from law enforcement agencies, such as 
     police officers, sheriffs and deputy sheriffs, detectives, 
     public safety officers, corrections officers, investigators 
     and victims' service personnel;
       (B) a representative from the crime victim compensation 
     program of the State;
       (C) judicial and legal officers, including individuals who 
     work on cases of elder abuse;
       (D) elder justice and elder law advocates, including local 
     agencies on aging and local public and private agencies and 
     entities relating to elder abuse and other crimes against 
     elders;
       (E) health and mental health professionals;
       (F) representatives from social services agencies in the 
     State;
       (G) representatives from adult protective services; and
       (H) family members of victims of elder abuse.
       (3) Review and evaluation.--A task force shall--
       (A) review and evaluate the investigative, administrative, 
     and judicial responses to cases of elder abuse in the State;
       (B) make recommendations to the State based on the review 
     and evaluation conducted under subparagraph (A), including 
     recommendations relating to--
       (i) modifying the investigative, administrative, and 
     judicial response to cases of elder abuse, in a manner that--

       (I) reduces the additional trauma to the elder victim; and

[[Page S1144]]

       (II) ensures procedural fairness to the individual accused 
     of elder abuse; and

       (ii) experimental, model, and demonstration programs for 
     testing innovative approaches and techniques that may improve 
     the rate of successful prosecution or enhance the 
     effectiveness of judicial and administrative action in elder 
     abuse cases, and which ensure procedural fairness to the 
     accused, including a determination of which programs are most 
     effective; and
       (C) submit the recommendations described in subparagraph 
     (B) to the Office.
       (4) Report.--Not later than 1 year after a State receives 
     grant funds under this section, the State shall submit to the 
     Director a report that includes--
       (A) an evaluation of the effectiveness of the grant 
     program;
       (B) a list of all laws of the State relating to elder 
     abuse; and
       (C) any other information the Director may require.
       (5) Task force alternative.--If determined appropriate by 
     the Director, a State may designate a commission or task 
     force established by a State before January 1, 2011, with 
     membership and functions comparable to those described in 
     paragraphs (2) and (3), as a task force for the purposes of 
     this subsection.
       (6) Task force membership waiver.--The Director may waive, 
     in part, the task force membership requirements under 
     paragraph (2) for a State that demonstrates a need for the 
     waiver.
       (d) Use of Funds.--Grant funds awarded under this section 
     may be used to support--
       (1) State and local prosecutor offices and courts in elder 
     abuse matters, including--
       (A) hiring or paying salary and benefits for employees and 
     establishing or implementing units designated to work on 
     elder justice issues in State prosecutors' offices and State 
     courts; and
       (B) hiring or paying salary and benefits for an employee to 
     coordinate elder justice-related cases, training, technical 
     assistance, and policy development for State and local 
     prosecutors and courts;
       (2) State and local law enforcement agencies investigating 
     cases of elder abuse; and
       (3) adult protective services.
       (e) Evaluation and Report.--Not later than 1 year after the 
     date on which the Director makes available the final funds 
     awarded under a grant under this section, the Director 
     shall--
       (1) evaluate the grant program established under this 
     section; and
       (2) submit to the appropriate congressional committees a 
     report on the evaluation conducted under paragraph (1), 
     including recommendations on whether the grant program should 
     be continued.

     SEC. 6. ELDER JUSTICE COORDINATING COUNCIL.

       Section 2021(b)(1)(B) of the Social Security Act (42 U.S.C. 
     1397k(b)(1)(B)) is amended by striking ``(or the Attorney 
     General's designee)'' and inserting ``(or the Director of the 
     Office of Elder Justice)''.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     Act $20,000,000 for each of fiscal years 2012 through 2014.
                                 ______