(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, United States Code, had the conduct oc-
curred in the special maritime and territorial juris-
diction of the United States or in a Federal prison; 
or 
(2) a sexually violent predator. 
(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 character-
ized as the Edward Byrne Memorial State and Local 
Law Enforcement Assistance Programs, the Local 
Government Law Enforcement Block Grants Pro-
gram, the Edward Byrne Memorial Justice Assist-
ance Grant Program, or otherwise. 
(c) REALLOCATION.—Amounts not allocated under a 
program referred to in subsection (b)(2) to a State for 
failure to fully comply with subsection (a) shall be reallo-
cated under that program to States that have not failed 
to comply with such subsection. 
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(d) DEFINITION.—For the purposes of this section, 
the term ‘‘sexually violent predator’’ means a person who 
has been convicted of a sexually violent offense and who 
suffers from a mental abnormality or personality disorder 
that makes the person likely to engage in predatory sexu-
ally violent offenses. 
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-
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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; 
(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 
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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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