110TH CONGRESS REPT. 110–864 " ! HOUSE OF REPRESENTATIVES 2d Session Part 1 

ELDER ABUSE VICTIMS ACT OF 2008 

SEPTEMBER 22, 2008.—Ordered to be printed 

Mr. CONYERS, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 5352] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(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, having 

considered the same, reports favorably thereon with an amendment 

and recommends that the bill as amended do pass. 

CONTENTS 

Page 

The Amendment ...................................................................................................... 1 

Purpose and Summary ............................................................................................ 9 

Background and Need for the Legislation ............................................................. 9 

Hearings ................................................................................................................... 10 

Committee Consideration ........................................................................................ 10 

Committee Votes ...................................................................................................... 10 

Committee Oversight Findings ............................................................................... 11 

New Budget Authority and Tax Expenditures ...................................................... 11 

Congressional Budget Office Cost Estimate .......................................................... 11 

Performance Goals and Objectives ......................................................................... 12 

Constitutional Authority Statement ...................................................................... 12 

Advisory on Earmarks ............................................................................................. 13 

Section-by-Section Analysis .................................................................................... 15 

Changes in Existing Law Made by the Bill, as Reported ..................................... 17 

Additional Views ...................................................................................................... 24 


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THE AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Elder Abuse Victims Act of 2008’’. 

SEC. 2. ANALYSIS, REPORT, AND RECOMMENDATIONS RELATED TO ELDER JUSTICE PROGRAMS. 

(a) IN GENERAL.—Subject to the availability of appropriations to carry out this 

section, the Attorney General, in consultation with the Secretary of Health and 

Human Services, shall carry out the following: 

(1) STUDY.—Conduct a study of laws and practices relating to elder abuse, 

neglect, and exploitation, which shall include— 

(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) an examination of State laws and practices relating to specific elder 

abuse, neglect, and exploitation issues, including— 

(i) the definition of— 

(I) ‘‘elder’’; 

(II) ‘‘abuse’’; 

(III) ‘‘neglect’’; 

(IV) ‘‘exploitation’’; and 

(V) such related terms the Attorney General determines to be 

appropriate; 

(ii) mandatory reporting laws, with respect to— 

(I) who is a mandated reporter; 

(II) to whom must they report and within what time frame; 

and 

(III) any consequences for not reporting; 

(iii) evidentiary, procedural, sentencing, choice of remedies, and 

data retention issues relating to pursuing cases relating to elder abuse, 

neglect, and exploitation; 

(iv) laws requiring reporting of all nursing home deaths to the 

county coroner or to some other individual or entity; 

(v) fiduciary laws, including guardianship and power of attorney 

laws; 

(vi) laws that permit or encourage banks and bank employees to 

prevent and report suspected elder abuse, neglect, and exploitation; 

(vii) laws relating to fraud and related activities in connection with 

mail, telemarketing, or the Internet; 

(viii) laws that may impede research on elder abuse, neglect, and 

exploitation; 

(ix) practices relating to the enforcement of laws relating to elder 

abuse, neglect, and exploitation; and 

(x) practices relating to other aspects of elder justice. 

(2) DEVELOPMENT OF PLAN.—Develop objectives, priorities, policies, and a 

long-term plan for elder justice programs and activities relating to— 

(A) prevention and detection of elder abuse, neglect, and exploitation; 

(B) intervention and treatment for victims of elder abuse, neglect, and 

exploitation; 

(C) training, evaluation, and research related to elder justice programs 

and activities; and 

(D) improvement of the elder justice system in the United States. 

(3) REPORT.—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, and the Secretary of Health and Human Services, and make available to the States, a report that contains— 

(A) the findings of the study conducted under paragraph (1); 

(B) a description of the objectives, priorities, policies, and a long-term 

plan developed under paragraph (2); and 

(C) a list, description, and analysis of the best practices used by States 

to develop, implement, maintain, and improve elder justice systems, based 

on such findings. 


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(b) GAO RECOMMENDATIONS.—Not later than one year after the date of the enactment of this Act, the Comptroller General shall report to Congress any recommendations with respect to any Federal legislation, regulations, or programs determined by the Comptroller General to be necessary to improve elder justice in the 

United States. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section $6,000,000 for each of the fiscal years 2009 through 

2015. 

SEC. 3. 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 for and 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 $3,000,000 for each of the fiscal years 2009 through 

2015. 

SEC. 4. SUPPORTING LOCAL PROSECUTORS AND COURTS 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 and courts handling elder justice-related cases, including— 

(1) funding specially designated elder justice positions or units; and 

(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 and courts 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 $6,000,000 for each of the fiscal years 2009 through 

2015. 

SEC. 5. SUPPORTING STATE PROSECUTORS AND COURTS 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 and courts, 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; 

and 

(2) the creation of a position to coordinate elder justice-related cases, training, technical assistance, and policy development for State prosecutors and 

courts, 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 $6,000,000 for each of the fiscal years 2009 through 

2015. 

SEC. 6. 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, the Postmaster General, and the Chief Postal Inspector for the 

United States Postal Inspection Service, 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. 


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(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section $8,000,000 for each of the fiscal years 2009 through 

2015. 

SEC. 7. 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. 8. 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: 


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‘‘(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— 


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‘‘(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 


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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; 


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‘‘(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. 9. REAUTHORIZATION OF THE MISSING ALZHEIMER’S DISEASE PATIENT ALERT PROGRAM. 

Section 240001 of the Violent Crime Control and Law Enforcement Act of 1994 

(42 U.S.C. 14181) is amended— 

(1) by amending subsection (a) to read as follows: 

‘‘(a) GRANT.—Subject to the availability of appropriations to carry out this section, the Attorney General, through the Bureau of Justice Assistance and in consultation with the Secretary of Health and Human Services, shall award competitive 

grants to States, units of local government, and nonprofit organizations to assist 

such States, units, and organizations, respectively, in paying for the costs of planning, designing, establishing, and operating locally based, proactive programs to 

protect and locate missing patients with Alzheimer’s disease and related dementias 

and other missing elderly individuals.’’; 

(2) in subsection (b)— 

(A) by inserting ‘‘competitive’’ after ‘‘to receive a’’; and 

(B) by adding at the end the following new sentence: ‘‘The Attorney 

General shall periodically solicit applications for grants under this section 

by publishing a request for applications in the Federal Register and by 

posting such a request on the website of the Department of Justice.’’; 

(3) by amending subsection (c) to read as follows: 


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‘‘(c) PREFERENCE.—In awarding grants under subsection (a), the Attorney General shall give preference to nonprofit organizations that have a direct link to patients, and families of patients, with Alzheimer’s disease and related dementias.’’; 

and 

(4) by amending subsection (d) to read as follows: 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appro- priated to carry out this section $5,000,000 for each of the fiscal years 2009 through 

2015.’’. 

SEC. 10. 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. 

PURPOSE AND SUMMARY

The Elder Abuse Victims Act of 2008 addresses the problem of 

elder abuse. It requires the Attorney General to research State 

laws and practices relating to elder abuse, neglect, and exploitation; develop objectives, priorities, policies, and a long-term plan 

for elder justice programs and activities; and report its findings. It 

requires the Comptroller General to report to Congress any recommendations regarding Federal legislation, regulations, and programs. The Act authorizes the Attorney General to award grants 

to provide training, assistance, and other support to local and State 

prosecutors and courts, police, and other first responders in matters relating to elder justice. It amends Title XX of the Social Security Act to add a new subpart on Elder Justice, establishing a national Elder Justice Coordinating Council and an Advisory Board 

on Elder Abuse, Neglect, and Exploitation. It also reauthorizes the 

Missing Alzheimer’s Disease Patient Alert Program, and directs the 

Attorney General to award competitive grants to States, units of 

local government, and nonprofit organizations for establishing and 

operating locally based programs to protect and locate missing patients with Alzheimer’s disease and related dementias. 

BACKGROUND AND NEED FOR THE LEGISLATION

H.R. 5352 addresses two significant problems affecting elderly 

Americans. One is when they are abused at the hands of their caretakers and others. The other is when they go missing, suffering 

from Alzheimers or dementia, foul play, or other unusual circumstances. 

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 problem. In fact, prior to the hearing on this 

bill, the House had held only one hearing on elder abuse, more 

than 16 years ago, in 1991. These problems will likely increase over 

the next 30 years, as 76 million baby boomers approach retirement. 

Elder abuse is not always easy to detect. Abuse includes not only 

physical abuse, but also sexual and emotional abuse, financial exploitation, neglect, and abandonment. Training and education are 


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1 Alzheimer’s Association, ‘‘Issue Kit: Public Policy Response to Wandering Behavior,’’ Washington Public Policy Office, Alzheimer’s Association, Sept. 2006. 2 H. Rept. 107–278 (FY 2002); H. Rept. 108–10 (FY 2003); H. Rept. 108–401 (FY 2004); H. 

Rept. 108–792 (FY 2005); H. Rept. 109–272 (FY 2006); P.L. 110–5 (FY 2007); U.S. House, Committee on Appropriations, Joint Explanatory Statement to Accompany FY 2008 Consolidated Appropriations Amendment to H.R. 2764 (P.L. 110–161), Division B (FY 2008). 

critically needed to help those who live or work with elderly individuals, so they can recognize the symptoms of elder abuse and 

meaningfully address the problem. A national response to elder 

abuse also is needed, as many aspects of elder abuse are national 

in scope or can benefit from a national enforcement and remedial 

approach. 

In addition, thousands of vulnerable older adults go missing each 

year as a result of dementia, diminished capacity, foul play, or 

other unusual circumstances. The Alzheimer’s Foundation of America estimates that over five million Americans suffer from Alzheimer’s disease, and that sixty percent of these are likely to wander from their homes. Alzheimer’s disease and other dementia-related illnesses often leave their victims disoriented and confused 

and unable to find their way home. According to the Alzheimer’s 

Association, up to 50% of wanderers risk serious illness, injury, or 

death if not found within 24 hours.1

The Missing Alzheimer’s Disease Patient Alert Program, administered by the Department of Justice, is the only Federal program 

that currently provides grant funding to locate vulnerable elderly 

individuals who go missing. Authorization for this program ceased 

in 1998, though Congress has continued to appropriate some monies for it through fiscal year 2008, when it appropriated $940,000.2

HEARINGS

The Subcommittee on Crime, Terrorism, and Homeland Security 

held 1 day of hearings on H.R. 5352, and the related bill, H.R. 

1783, the Elder Justice Act, on April 17, 2008. Testimony was received from the Honorable Rahm Emanuel; the Honorable Joe 

Sestak; Robert Blancato, Elder Justice Coalition; Sherry Friedlander, A Child is Missing Alert and Recovery Center; and Vernon 

Keenan, Georgia Bureau of Investigation; with additional material 

submitted by the National Center for State Courts, the National 

Association of Local Long Term Care Ombudsmen, and the American Bar Association Commission on Law and Aging. 

COMMITTEE CONSIDERATION

On May 13, 2008, the Subcommittee on Crime, Terrorism, and 

Homeland Security met in open session and ordered the bill, H.R. 

5352, favorably reported, without amendment, by voice vote, a 

quorum being present. On June 11, 2008, the Committee met in 

open session and ordered the bill, H.R. 5352, favorably reported 

with an amendment, by voice vote, a quorum being present. 

COMMITTEE VOTES

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that there were 

no recorded votes during the Committee’s consideration of H.R. 

5352. 


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COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 5352, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, July 24, 2008. 

Hon. JOHN CONYERS, Jr., Chairman, 

Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 5352, the ‘‘Elder Abuse 

Victims Act of 2008.’’ 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz, who 

can be reached at 226–2860. 

Sincerely, 

PETER R. ORSZAG, 

DIRECTOR. 

Enclosure 

cc: Honorable Lamar S. Smith. 

Ranking Member 

H.R. 5352—Elder Abuse Victims Act of 2008. 

SUMMARY

H.R. 5352 would authorize the appropriation of $315 million over 

the 2009–2015 period for programs to improve the treatment of elderly victims in the justice system. Most of these funds would be 

for Department of Justice grants to state and local governments. 

Assuming appropriation of the authorized amounts, CBO estimates 

that implementing the bill would cost $173 million over the 2009– 

2013 period, with remaining amounts spent in subsequent years. 

Enacting H.R. 5352 would not affect direct spending or revenues. 

H.R. 5352 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 


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ESTIMATED COST TO THE FEDERAL GOVERNMENT

The estimated budgetary impact of H.R. 5352 is shown in the following table. CBO assumes that the amounts authorized by the bill 

will be appropriated near the start of each fiscal year and that outlays will follow the historical rates of spending for similar activities. The costs of this legislation fall within budget functions 750 

(administration of justice) and 500 (education, training, employment, and social services). 

By Fiscal Year, in Millions of Dollars 

2009 2010 2011 2012 2013 2009–2013 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level 48 48 48 48 41 233 

Estimated Outlays 17 31 38 43 44 173 

INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

H.R. 5352 contains no intergovernmental or private-sector mandates as defined in UMRA and would impose no costs on state, 

local, or tribal governments. The bill would benefit those governments by authorizing grant programs to prevent elder abuse; any 

costs related to applying for the grants would be incurred voluntarily. 

ESTIMATE PREPARED BY: 

Federal Costs: Mark Grabowicz (226–2860) 

Impact on State, Local, and Tribal Governments: Leo Lex and Santiago Vallinas (225–3220) 

Impact on the Private Sector: Paige Piper/Bach (226–2940) 

ESTIMATE APPROVED BY: 

Peter H. Fontaine 

Assistant Director for Budget Analysis 

PERFORMANCE GOALS AND OBJECTIVES

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, H.R. 5352 is designed 

to survey existing State laws and practices regarding elder abuse 

and develop policies and plans; make recommendations regarding 

Federal laws; authorize grants for training and assistance to local 

and State law enforcement, prosecutors, and courts; establish a national Elder Justice Coordinating Council and an Advisory Board 

on Elder Abuse, Neglect and Exploitation; and reauthorize the 

Missing Alzheimer’s Disease Patient Alert Program. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds the authority for this legislation in article I, section 8 of the Constitution. 


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ADVISORY ON EARMARKS

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H.R. 5352 does not contain any limited tax benefits or limited tariff benefits as defined in clause 9(e) or 9(f). The 

Committee is treating the bill, which authorizes grants in specific 

amounts to specific entities, as an earmark, as defined in clause 

9(d), and is treating the sponsor of the bill, Joe Sestak, as the requester, the American Prosecutor Research Institute of the National District Attorneys Association and the National Association 

of Attorneys General as the recipients, and the separate authorizations of $6 million per year for each fiscal year 2009–2015, as the 

requested amount for each recipient. 


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SECTION-BY-SECTION ANALYSIS

The following discussion describes the bill as reported by the 

Committee. 

Sec. 1. Short title. Section 1 sets forth the short title of the bill 

as the ‘‘Elder Abuse Victims Act of 2008.’’ 

Sec. 2. Analysis, Report, and Recommendations Related to Elder 

Justice Programs. Section 2 requires the Attorney General to conduct a study of laws and practices relating to elder abuse, neglect, 

and exploitation, and to develop objectives, priorities, policies, and 

a long-term plan for elder justice programs. The Comptroller General is to report to Congress any recommendations regarding Federal legislation, regulations, or programs to improve elder justice in 

the United States. This section authorizes $6,000,000 for each fiscal year 2009 through 2015. 

Sec. 3. Victim Advocacy Grants. Section 3 authorizes the Attorney General to award grants to study the special needs of victims 

of elder abuse, neglect, and exploitation. Funded activities include 

pilot programs for training and for the examination of special approaches to meet these needs. The section authorizes $3 million for 

each fiscal year 2009 through 2015. 

Sec. 4. Supporting Local Prosecutors and Courts in Elder Justice 

Matters. Section 4 authorizes the Attorney General to award grants 

to provide training, technical assistance, policy development, multidisciplinary coordination, and other types of support to local prosecutors and courts handling elder justice-related cases. Authorized 

activities include funding specially designated elder-justice positions or units and the creation of a Center for the Prosecution of 

Elder Abuse, Neglect, and Exploitation in the American Prosecutor 

Research Institute of the National District Attorneys Association or 

another similarly situated entity. The section authorizes $6,000,000 

for each fiscal year 2009 through 2015. 

Sec. 5. Supporting State Prosecutors and Courts in Elder Justice 

Matters. Section 5 authorizes the Attorney General to award grants 

to provide training, assistance, and other support to State prosecutors and courts, employees of State Attorneys General, and Medicaid Fraud Control Units handling elder justice-related matters. 

Similarly to the local grants, grants may be made for the establishment of specially designated elder-justice positions or units, and for 

the creation of a position to coordinate elder justice-related cases, 

training, technical assistance, and policy development for State 

prosecutors and courts, by the National Association of Attorneys 

General or other similarly situated entity. The section authorizes 

$6,000,000 for each fiscal year 2009 through 2015. 

Sec. 6. Supporting Law Enforcement in Elder Justice Matters. 

Section 6 authorizes the Attorney General to award grants to provide training and other assistance and support to police, sheriffs, 

detectives, public safety officers, corrections personnel, and other 

first responders who handle elder justice-related matters. The section authorizes $8 million for each fiscal year 2009 through 2015. 

Sec. 7. Evaluations. Section 7 directs the Attorney General to require each grant recipient to evaluate the effectiveness of the funded activities. In the alternative, the Attorney General may fund an 

eligible entity to conduct the evaluation. The Act sets forth an application process, and authorizes the Attorney General to award 


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grants to conduct evaluations of grant activities that are funded by 

Federal funds not provided under this Act. This section authorizes 

$7 million for each fiscal year 2009 through 2015. 

Sec. 8. Elder Justice. Section 8 amends Title XX of the Social Security Act to add a new Part B, ‘‘Elder Justice,’’ to include new sections 2011–2016. 

New section 2011 provides new definitions for terms used in this 

Act. 

New section 2012 requires the Secretary of Health and Human 

Services to ensure the protection of individual health privacy consistent with the regulations under the Health Insurance Portability 

and Accountability Act of 1996 (HIPAA) and applicable State and 

local privacy regulations. It adds a rule of construction that respects religious beliefs in health care treatment decisions. 

New section 2013 establishes an Elder Justice Coordinating 

Council within the Office of the Secretary, composed of the Secretary, the Attorney General, and head of each Federal department 

or agency having responsibilities relating to elder abuse. The Council is to 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 public and private 

agencies, and to submit biannual reports. 

New section 2014 establishes an Advisory Board on Elder Abuse, 

Neglect, and Exploitation to create short- and long-term strategic 

plans and to make recommendations to the Council. The Board is 

to establish multidisciplinary panels to develop consensus on subjects relating to improving the quality of long-term care. The panels are to examine relevant research and data, identify best practices, determine an effective manner of distributing information, 

and submit annual reports. 

New section 2015 requires the Secretary to promulgate guidelines to assist researchers. 

New section 2016 authorizes $6.5 million for fiscal year 2009, 

and $7 million for each fiscal year 2010–2012. 

Sec. 9. Reauthorization of the Missing Alzheimer’s Disease Patient 

Alert Program. Section 9 amends Section 240001 of the Violent 

Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 

§ 14181). It directs the Attorney General to award competitive 

grants to States, units of local government, and nonprofit organizations for planning, designing, establishing, and operating locally 

based, proactive programs to protect and locate missing patients 

with Alzheimer’s disease and other dementias and other missing elderly individuals. 

Section 9 modifies the existing program by requiring competitive 

grants and by requiring the Attorney General to periodically solicit 

applications for grants by publishing application requests in the 

Federal Register and on the Department of Justice website. The 

Act requires the Attorney General to give preference to national 

nonprofit organizations that have a direct link to patients, and 

families of patients, with Alzheimer’s disease and other dementias. 

The section authorizes $5,000,000 for each of the fiscal years 2009– 

2015. 

Sec. 10. Definitions. Section 10 defines the terms ‘‘elder’’ and 

‘‘elder justice.’’ 


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CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman): 

SOCIAL SECURITY ACT 

* * * * * * * 

TITLE XX—BLOCK GRANTS TO STATES FOR SOCIAL 

SERVICES AND ELDER JUSTICE 

PART A—BLOCK GRANTS TO STATES FOR SOCIAL SERVICES

* * * * * * * 

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’’— 


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(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— 


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(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.— 


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(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 shortand 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. 


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(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 


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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. 


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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. 

* * * * * * * 

VIOLENT CRIME CONTROL AND LAW ENFORCEMENT 

ACT OF 1994 

* * * * * * * 

TITLE XXIV—PROTECTIONS FOR THE 

ELDERLY 

SEC. 240001. MISSING ALZHEIMER’S DISEASE PATIENT ALERT PROGRAM. 

ø(a) GRANT.—The Attorney General shall, subject to the availability of appropriations, award a grant to an eligible organization 

to assist the organization in paying for the costs of planning, designing, establishing, and operating a Missing Alzheimer’s Disease 

Patient Alert Program, which shall be a locally based, proactive 

program to protect and locate missing patients with Alzheimer’s 

disease and related dementias.¿ 

(a) GRANT.—Subject to the availability of appropriations to 

carry out this section, the Attorney General, through the Bureau of 

Justice Assistance and in consultation with the Secretary of Health 

and Human Services, shall award competitive grants to States, 

units of local government, and nonprofit organizations to assist 

such States, units, and organizations, respectively, in paying for the 

costs of planning, designing, establishing, and operating locally 

based, proactive programs to protect and locate missing patients 

with Alzheimer’s disease and related dementias and other missing 

elderly individuals. 

(b) APPLICATION.—To be eligible to receive a competitive grant 

under subsection (a), an organization shall submit an application 

to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require, including, at a minimum, an assurance that the organization will obtain and use assistance from private nonprofit organizations to 

support the program. The Attorney General shall periodically solicit 

applications for grants under this section by publishing a request 

for applications in the Federal Register and by posting such a request on the website of the Department of Justice. 

ø(c) ELIGIBLE ORGANIZATION.—The Attorney General shall 

award the grant described in subsection (a) to a national voluntary 

organization that has a direct link to patients, and families of patients, with Alzheimer’s disease and related dementias. 

ø(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section— 

ø(1) $900,000 for fiscal year 1996; 

ø(2) $900,000 for fiscal year 1997; and 


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24 

1See United States v. Morrison, 529 U.S. 598 (2000); United States v. Lopez, 514 U.S. 549 

(1995). 

ø(3) $900,000 for fiscal year 1998.¿ 

(c) PREFERENCE.—In awarding grants under subsection (a), the 

Attorney General shall give preference to nonprofit organizations 

that have a direct link to patients, and families of patients, with 

Alzheimer’s disease and related dementias. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section $5,000,000 for each of 

the fiscal years 2009 through 2015. 

* * * * * * * 

ADDITIONAL VIEWS

We join the Majority in support of this Elder Abuse bill. Elder 

abuse is a serious problem facing our older Americans. Americans 

over the age of 50 account for 12 percent of our nation’s murder 

victims and 7 percent of other serious and violent crime victims. 

Ninety percent of all elder abuse and neglect cases are by known 

perpetrators, usually family members. Our eldest seniors, 80 plus 

years, are abused and neglected at 2–3 times the proportion of all 

other senior citizens. And with the population of people aged 85 or 

older expected to double to 8.9 million by the year 2030, we can be 

sure the problem will only grow. 

This bill makes efforts to curb these acts of abuse. The bill 

awards grants to state and local governments to aide in the investigation and prosecution of elder abuse. This bill also directs the 

Attorney General (1) to study and report to the Elder Justice Coordinating Council (EJCC), the Advisory Board of Elder Abuse, Neglect, and Exploitation, and Congress on state laws and practices 

relating to elder abuse, neglect, and exploitation; and (2) to develop 

and implement a long-term plan for elder justice programs and related activities. 

We were initially concerned that imposing such burdensome requirements on the Department of Justice would not be the most effective approach to achieving the goals of the bill. 

For instance, the bill required the Department to promulgate 

model state laws, despite the fact that the majority of states have 

already adopted elder justice statutes. The bill also directed the Department to hire federal prosecutors and nurse investigators to 

prosecute federal elder abuse cases, notwithstanding the fact that 

the federal government lacks the police power to impose penalties 

for such crimes.1

Our colleagues in the Majority agreed to amend Title II to address our concerns and negotiate a bipartisan compromise to the 

problematic provisions of the bill. First, the amendment streamlines sections 201 and 202 into one new section. The revised section 

201 maintains the requirement that the Department complete a 

study. However, the amendment eliminates the requirement for 

model state laws and implementation of a national strategy. The 

amendment also strikes section 206 of the bill, which required the 

Department to hire federal prosecutors and nurse investigators, expands state and local grant eligibility to not just prosecutors but 

the courts as well, and makes other technical improvements to 

Title II. 


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25 

We appreciate the Majority’s willingness to compromise and support the passage of this bill. 

LAMAR SMITH. 

STEVE CHABOT. 

Æ 


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