I 
109TH CONGRESS 
2D SESSION 
H. R. 5722 
To prevent the abuse and exploitation of older individuals. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 29, 2006 
Mr. CHANDLER (for himself and Mr. KENNEDY of Minnesota) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To prevent the abuse and exploitation of older individuals. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Elder Abuse Preven-
tion Act of 2006’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The number of older Americans who are 
abused, neglected, or exploited is increasing, and a 
large percentage of elder abuse cases are not re-
ported to Federal and State law enforcement au-
thorities. 
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(2) The number of Americans aged 65 and 
older is projected to increase exponentially in the 
coming years, and many of these valued citizens will 
begin to constitute a vulnerable population at in-
creased risk of abuse and exploitation in domestic 
and community-based settings. 
(3) The projected increase in the number of 
Americans aged 65 and over is expected to result in 
a corresponding increase in the number of cases of 
elder abuse, which suggests an urgent need for com-
prehensive consideration of means by which such 
abuse can be prevented, reported, and prosecuted by 
Federal and State authorities. 
(4) Violent, physical, and sexual assaults upon 
older Americans are particularly abhorrent and 
should be prosecuted vigorously by Federal and 
State law enforcement authorities. Such acts should 
be deterred by appropriate penalties including en-
hanced penalties and the elimination of parole for 
individuals convicted of violent sexual offenses 
against the elderly. 
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SEC. 3. NO PAROLE FOR SEXUAL OFFENSES COMMITTED 
AGAINST THE ELDERLY OR FOR SEXUALLY 
VIOLENT PREDATORS. 
(a) IN GENERAL.—For each fiscal year after the ex-
piration of the period specified in subsection (b)(1) in 
which a State receives funds for a program referred to 
in subsection (b)(2), the State shall have in effect through-
out the State laws and policies that prohibit parole for 
any individual who is— 
(1) convicted of a criminal sexual offense 
against a victim who is elderly, which shall include 
any such offense under State law for conduct that 
would constitute an offense under chapter 109A of 
title 18 had the conduct occurred in the special mar-
itime and territorial jurisdiction of the United States 
or in a Federal prison; or 
(2) a sexually violent predator, as such term is 
defined in section 14071(a)(3) of title 18, United 
States Code. 
(b) COMPLIANCE AND INELIGIBILITY.— 
(1) COMPLIANCE DATE.—Each State shall have 
not more than 3 years from the date of enactment 
of this Act to comply with subsection (a), except 
that— 
(A) the Attorney General may grant an ad-
ditional 2 years to a State that is making good 
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faith efforts to comply with such subsection; 
and 
(B) the Attorney General shall waive the 
requirements of subsection (a) if compliance 
with such subsection by a State would be un-
constitutional under the constitution of such 
State. 
(2) INELIGIBILITY FOR FUNDS.—For any fiscal 
year after the expiration of the period specified in 
paragraph (1), a State that fails to comply with sub-
section (a) shall not receive 10 percent of the funds 
that would otherwise be allocated for that fiscal year 
to the State under Subpart 1 of Part E of title I 
of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3750 et seq.), whether charac-
terized as the Edward Byrne Memorial State and 
Local Law Enforcement Assistance Programs, the 
Local Government Law Enforcement Block Grants 
Program, the Edward Byrne Memorial Justice As-
sistance Grant Program, or otherwise. 
(3) REALLOCATION.—Amounts not allocated 
under a program referred to in paragraph (2) to a 
State for failure to fully comply with subsection (a) 
shall be reallocated under that program to States 
that have not failed to comply with such subsection. 
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SEC. 4. AMENDMENT TO THE FEDERAL SENTENCING 
GUIDELINES. 
(a) REQUEST FOR IMMEDIATE CONSIDERATION BY 
THE UNITED STATES SENTENCING COMMISSION.—Pur-
suant to its authority under section 994(p) of title 28, 
United States Code, and in accordance with this section, 
the United States Sentencing Commission is requested 
to— 
(1) promptly review the sentencing guidelines 
applicable to sexual offenses committed against the 
elderly; 
(2) expeditiously consider the promulgation of 
new sentencing guidelines or amendments to existing 
sentencing guidelines to provide an enhancement for 
such offenses; and 
(3) submit to Congress an explanation of ac-
tions taken by the Sentencing Commission pursuant 
to paragraph (2) and any additional policy rec-
ommendations the Sentencing Commission may have 
for combating offenses described in paragraph (1). 
(b) CONSIDERATIONS IN REVIEW.—In carrying out 
this section, the Sentencing Commission is requested to— 
(1) ensure that the sentencing guidelines and 
policy statements reflect the serious nature of such 
offenses and the need for aggressive and appropriate 
law enforcement action to prevent such offenses; 
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(2) assure reasonable consistency with other 
relevant directives and with other guidelines; 
(3) account for any aggravating or mitigating 
circumstances that might justify exceptions, includ-
ing circumstances for which the sentencing guide-
lines currently provide sentencing enhancements; 
(4) make any necessary conforming changes to 
the sentencing guidelines; and 
(5) assure that the guidelines adequately meet 
the purposes of sentencing as set forth in section 
3553 (a)(2) of title 18, United States Code. 
(c) EMERGENCY AUTHORITY AND DEADLINE FOR 
COMMISSION ACTION.—The United States Sentencing 
Commission is requested to promulgate the guidelines or 
amendments provided for under this section as soon as 
practicable, and in any event not later than the 180 days 
after the date of enactment of this Act, in accordance with 
the procedures sent forth in section 21(a) of the Sen-
tencing Reform Act of 1987, as though the authority 
under that Act had not expired. 
Æ 
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