I 

110TH CONGRESS 

2D SESSION 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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 12, 2008 

Mr. SESTAK introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Ways and 

Means, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Elder Abuse Victims 

3 Act of 2008’’. 

4 SEC. 2. MODEL STATE LAWS AND PRACTICES. 

5 (a) IN GENERAL.—Subject to the availability of ap6 propriations to carry out this section, the Attorney Gen7 eral, after consultation with the Secretary of Health and 

8 Human Services, shall carry out the following duties: 

9 (1) STUDY.—Conduct a study of State laws and 

10 practices relating to elder abuse, neglect, and exploi11 tation. 

12 (2) REPORT TO ELDER JUSTICE COORDINATING

13 COUNCIL AND THE ADVISORY BOARD OF ELDER

14 ABUSE, NEGLECT, AND EXPLOITATION.—Prepare 

15 and submit a report or periodic reports containing 

16 the findings of the study conducted under paragraph 

17 (1) to the Elder Justice Coordinating Council and 

18 the Advisory Board of Elder Abuse, Neglect, and 

19 Exploitation (established under title XX of the So20 cial Security Act (42 U.S.C. 1397 et seq.), as 

21 amended by this Act). Such report or reports shall 

22 be made available to the public. 

23 (3) REPORT TO CONGRESS.—Not later than 2 

24 years after the date of enactment of this Act, submit 

25 to the chairman and ranking member of the Special 

26 Committee on Aging of the Senate, and the Speaker 


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1 and minority leader of the House of Representatives, 

2 a report that contains— 

3 (A) a comprehensive description of State 

4 laws and practices relating to elder abuse, ne5 glect, and exploitation; 

6 (B) a comprehensive analysis of the effec7 tiveness of such State laws and practices; and 

8 (C) recommendations— 

9 (i) for model State laws and practices 

10 relating to elder abuse, neglect, and exploi11 tation; and 

12 (ii) with respect to the definitions re13 ferred to in subsection (b)(1). 

14 (b) STATE LAWS AND PRACTICES.—In conducting 

15 the study under subsection (a)(1), the Attorney General 

16 shall examine State laws and practices on issues includ17 ing— 

18 (1) the definition of— 

19 (A) ‘‘elder’’; 

20 (B) ‘‘abuse’’; 

21 (C) ‘‘neglect’’; 

22 (D) ‘‘exploitation’’; and 

23 (E) any related terms the Attorney Gen24 eral determines to be appropriate; 


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1 (2) mandatory reporting laws with respect to 

2 elder abuse, neglect, and exploitation, including— 

3 (A) who is a mandated reporter; 

4 (B) to whom must a mandated reporter re5 port, and within what time frame; and 

6 (C) any consequences for not reporting; 

7 (3) evidentiary, procedural, sentencing, choice 

8 of remedies, and data retention issues relating to 

9 pursuing cases relating to elder abuse, neglect, and 

10 exploitation; 

11 (4) laws requiring immediate reporting of all 

12 nursing home deaths to the county coroner or to one 

13 or more other individuals or entities; 

14 (5) fiduciary laws, including guardianship and 

15 power of attorney laws; 

16 (6) laws that permit or encourage banks and 

17 bank employees to prevent and report suspected 

18 elder abuse, neglect, and exploitation; 

19 (7) laws that may impede research on elder 

20 abuse, neglect, and exploitation; 

21 (8) practices relating to the enforcement of laws 

22 relating to elder abuse, neglect, and exploitation; and 

23 (9) practices relating to other aspects of elder 

24 justice. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this sec3 tion— 

4 (1) $1,000,000 for fiscal year 2009; and 

5 (2) $2,000,000 for each of the fiscal years 2010 

6 through 2015. 

7 SEC. 3. ELDER JUSTICE PLAN AND STRATEGY. 

8 (a) DUTIES OF THE ATTORNEY GENERAL.—Subject 

9 to the availability of appropriations under this section, the 

10 Attorney General shall— 

11 (1) develop objectives, priorities, policies, and a 

12 long-term plan for elder justice programs and activi13 ties relating to prevention, detection, training, treat14 ment, evaluation, intervention, research, and im15 provement of the elder justice system in the United 

16 States; 

17 (2) implement the overall policies and a strat18 egy to carry out the plan described in paragraph (1); 

19 (3) hire personnel to assist in carrying out the 

20 policies, programs, and administrative activities re21 lated to the duties under paragraphs (1) and (2); 

22 and 

23 (4) coordinate activities with the Elder Justice 

24 Coordinating Council and the Advisory Board of 

25 Elder Abuse, Neglect, and Exploitation (established 


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1 under title XX of the Social Security Act (42 U.S.C. 

2 1397 et seq.), as amended by this Act). 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out this section 

5 $3,000,000 for each of the fiscal years 2009 through 

6 2015. 

7 SEC. 4. VICTIM ADVOCACY GRANTS. 

8 (a) GRANTS AUTHORIZED.—The Attorney General, 

9 after consultation with the Secretary of Health and 

10 Human Services, may award grants to eligible entities to 

11 study the special needs of victims of elder abuse, neglect, 

12 and exploitation. 

13 (b) AUTHORIZED ACTIVITIES.—Funds awarded pur14 suant to subsection (a) shall be used for pilot programs 

15 that— 

16 (1) develop programs, provide training to health 

17 care, social, and protective services providers, law 

18 enforcement, fiduciaries (including guardians), 

19 judges and court personnel, and victim advocates; 

20 and 

21 (2) examine special approaches designed to 

22 meet the needs of victims of elder abuse, neglect, 

23 and exploitation. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this sec3 tion— 

4 (1) $2,500,000 for fiscal year 2009; and 

5 (2) $3,000,000 for each of the fiscal years 2010 

6 through 2015. 

7 SEC. 5. SUPPORTING LOCAL PROSECUTORS IN ELDER JUS8 TICE MATTERS. 

9 (a) GRANTS AUTHORIZED.—Subject to the avail10 ability of appropriations under this section, the Attorney 

11 General, after consultation with the Secretary of Health 

12 and Human Services, shall award grants to provide train13 ing, technical assistance, policy development, multidisci14 plinary coordination, and other types of support to local 

15 prosecutors handling elder justice-related cases, includ16 ing— 

17 (1) funding specially designated elder justice 

18 positions or units; or 

19 (2) funding the creation of a Center for the 

20 Prosecution of Elder Abuse, Neglect, and Exploi21 tation by the American Prosecutor Research Insti22 tute of the National District Attorneys Association, 

23 or any other similarly situated entity, to advise and 

24 support local prosecutors nationwide in their pursuit 


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1 of cases involving elder abuse, neglect, and exploi2 tation. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out this sec5 tion— 

6 (1) $3,000,000 for fiscal year 2009; and 

7 (2) $4,000,000 for each of the fiscal years 2010 

8 through 2015. 

9 SEC. 6. SUPPORTING STATE PROSECUTORS IN ELDER JUS10 TICE MATTERS. 

11 (a) IN GENERAL.—Subject to the availability of ap12 propriations under this section, the Attorney General, 

13 after consultation with the Secretary of Health and 

14 Human Services, shall award grants to provide training, 

15 technical assistance, multidisciplinary coordination, policy 

16 development, and other types of support to State prosecu17 tors, including employees of State Attorneys General and 

18 Medicaid Fraud Control Units handling elder justice-re19 lated matters. 

20 (b) CREATING SPECIALIZED POSITIONS.—Grants 

21 under this section may be made for— 

22 (1) the establishment of specially designated 

23 elder justice positions or units; or 

24 (2) the creation of a position to coordinate elder 

25 justice-related cases, training, technical assistance, 


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1 and policy development for State prosecutors, by the 

2 National Association of Attorneys General or any 

3 other similarly situated entity. 

4 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to carry out this sec6 tion— 

7 (1) $3,000,000 for fiscal year 2009; and 

8 (2) $4,000,000 for each of the fiscal years 2010 

9 through 2015. 

10 SEC. 7. INCREASED SUPPORT FOR FEDERAL CASES IN11 VOLVING ELDER JUSTICE. 

12 (a) SUPPORT AND ASSISTANCE.— 

13 (1) IN GENERAL.—The Attorney General shall 

14 establish procedures to ensure that the Department 

15 of Justice dedicates resources to investigating and 

16 prosecuting cases relating to elder justice. 

17 (2) ADDITIONAL STAFF.—Subject to the avail18 ability of appropriations under this section, the At19 torney General shall hire additional Federal prosecu20 tors and make funding available to Federal prosecu21 tors to hire nurse-investigators or other experts 

22 needed to identify, assist with, or pursue cases relat23 ing to elder justice. 

24 (3) RESOURCE GROUP.—The Attorney General 

25 may fund, through the Executive Office of United 


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1 States Attorneys, a resource group to assist prosecu2 tors throughout the Nation in investigating and 

3 prosecuting cases relating to failure of care and 

4 other elder justice matters. 

5 (b) OFFICE OF INSPECTOR GENERAL.—Subject to 

6 the availability of appropriations under this section, the 

7 Office of Inspector General of the Department of Health 

8 and Human Services shall hire nurse-investigators and 

9 other experts to investigate and pursue failure of care alle10 gations. 

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to carry out this sec13 tion— 

14 (1) $3,000,000 for fiscal year 2009; and 

15 (2) $4,000,000 for each of the fiscal years 2010 

16 through 2015. 

17 SEC. 8. SUPPORTING LAW ENFORCEMENT IN ELDER JUS18 TICE MATTERS. 

19 (a) IN GENERAL.—Subject to the availability of ap20 propriations under this section, the Attorney General, 

21 after consultation with the Secretary of Health and 

22 Human Services, shall award grants to provide training, 

23 technical assistance, multidisciplinary coordination, policy 

24 development, and other types of support to police, sheriffs, 

25 detectives, public safety officers, corrections personnel, 


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1 and other first responders who handle elder justice-related 

2 matters, to fund specially designated elder justice posi3 tions or units designed to support first responders in elder 

4 justice matters. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to carry out this sec7 tion— 

8 (1) $6,000,000 for fiscal year 2009; and 

9 (2) $8,000,000 for each of the fiscal years 2010 

10 through 2015. 

11 SEC. 9. EVALUATIONS. 

12 (a) GRANTS UNDER THIS ACT.— 

13 (1) IN GENERAL.—In carrying out the grant 

14 programs under this Act, the Attorney General 

15 shall— 

16 (A) require each recipient of a grant to use 

17 a portion of the funds made available through 

18 the grant to conduct a validated evaluation of 

19 the effectiveness of the activities carried out 

20 through the grant by such recipient; or 

21 (B) as the Attorney General considers ap22 propriate, use a portion of the funds available 

23 under this Act for a grant program under this 

24 Act to provide assistance to an eligible entity to 

25 conduct a validated evaluation of the effectiveVerDate Aug 31 2005 21:58 Feb 14, 2008 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5352.IH H5352

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1 ness of the activities carried out through such 

2 grant program by each of the grant recipients. 

3 (2) APPLICATIONS.— 

4 (A) SUBMISSION.—To be eligible to receive 

5 a grant under this Act, an entity shall submit 

6 an application to the Attorney General at such 

7 time, in such manner, and containing such in8 formation as the Attorney General may require, 

9 which shall include— 

10 (i) a proposal for the evaluation re11 quired in accordance with paragraph 

12 (1)(A); and 

13 (ii) the amount of assistance under 

14 paragraph (1)(B) the entity is requesting, 

15 if any. 

16 (B) REVIEW AND ASSISTANCE.— 

17 (i) IN GENERAL.—An employee of the 

18 Department of Justice, after consultation 

19 with an employee of the Department of 

20 Health and Human Services and a non21 governmental member of the Advisory 

22 Board of Elder Abuse, Neglect, and Ex23 ploitation (established under title XX of 

24 the Social Security Act (42 U.S.C. 1397 et 

25 seq.), as amended by this Act) with experVerDate Aug 31 2005 21:58 Feb 14, 2008 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5352.IH H5352

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1 tise in evaluation methodology, shall review 

2 each application described in subparagraph 

3 (A) and determine whether the method4 ology described in the proposal under sub5 paragraph (A)(I) is adequate to gather 

6 meaningful information. 

7 (ii) DENIAL.—If the reviewing em8 ployee determines the methodology de9 scribed in such proposal is inadequate, the 

10 reviewing employee shall recommend that 

11 the Attorney General deny the application 

12 for the grant, or make recommendations 

13 for how the application should be amended. 

14 (iii) NOTICE TO APPLICANT.—If the 

15 Attorney General denies the application on 

16 the basis of such proposal, the Attorney 

17 General shall inform the applicant of the 

18 reasons the application was denied, and 

19 offer assistance to the applicant in modi20 fying the proposal. 

21 (b) OTHER GRANTS.—Subject to the availability of 

22 appropriations under this section, the Attorney General 

23 shall award grants to appropriate entities to conduct vali24 dated evaluations of grant activities that are funded by 


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1 Federal funds not provided under this Act to reduce elder 

2 abuse, neglect, and exploitation. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out this section 

5 $7,000,000 for each of the fiscal years 2009 through 

6 2015. 

7 SEC. 10. ELDER JUSTICE. 

8 (a) ELDER JUSTICE.— 

9 (1) IN GENERAL.—Title XX of the Social Secu10 rity Act (42 U.S.C. 1397 et seq.) is amended— 

11 (A) in the title heading, by inserting 

12 ‘‘AND ELDER JUSTICE’’ after ‘‘SO13 CIAL SERVICES’’; 

14 (B) by inserting before section 2001 the 

15 following: 

16 ‘‘PART A—BLOCK GRANTS TO STATES FOR 

17 SOCIAL SERVICES’’; 

18 and 

19 (C) by adding at the end the following: 

20 ‘‘PART B—ELDER JUSTICE 

21 ‘‘SEC. 2011. DEFINITIONS. 

22 ‘‘In this part: 

23 ‘‘(1) ABUSE.—The term ‘abuse’ means the 

24 knowing infliction of physical or psychological harm 

25 or the knowing deprivation of goods or services that 


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1 are necessary to meet essential needs or to avoid 

2 physical or psychological harm. 

3 ‘‘(2) CAREGIVER.—The term ‘caregiver’ means 

4 an individual who has the responsibility for the care 

5 of an elder, either voluntarily, by contract, by receipt 

6 of payment for care, or as a result of the operation 

7 of law, and means a family member or other indi8 vidual who provides (on behalf of such individual or 

9 of a public or private agency, organization, or insti10 tution) compensated or uncompensated care to an 

11 elder who needs supportive services in any setting. 

12 ‘‘(3) ELDER.—The term ‘elder’ means an indi13 vidual age 60 or older. 

14 ‘‘(4) ELDER JUSTICE.—The term ‘elder justice’ 

15 means— 

16 ‘‘(A) from a societal perspective, efforts 

17 to— 

18 ‘‘(i) prevent, detect, treat, intervene 

19 in, and prosecute elder abuse, neglect, and 

20 exploitation; and 

21 ‘‘(ii) protect elders with diminished 

22 capacity while maximizing their autonomy; 

23 and 

24 ‘‘(B) from an individual perspective, the 

25 recognition of an elder’s rights, including the 


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1 right to be free of abuse, neglect, and exploi2 tation. 

3 ‘‘(5) EXPLOITATION.—The term ‘exploitation’ 

4 means the fraudulent or otherwise illegal, unauthor5 ized, or improper act or process of an individual, in6 cluding a caregiver or fiduciary, that uses the re7 sources of an elder for monetary or personal benefit, 

8 profit, or gain, or that results in depriving an elder 

9 of rightful access to, or use of, benefits, resources, 

10 belongings, or assets. 

11 ‘‘(6) FIDUCIARY.—The term ‘fiduciary’— 

12 ‘‘(A) means a person or entity with the 

13 legal responsibility— 

14 ‘‘(i) to make decisions on behalf of 

15 and for the benefit of another person; and 

16 ‘‘(ii) to act in good faith and with 

17 fairness; and 

18 ‘‘(B) includes a trustee, a guardian, a con19 servator, an executor, an agent under a finan20 cial power of attorney or health care power of 

21 attorney, or a representative payee. 

22 ‘‘(7) GUARDIANSHIP.—The term ‘guardianship’ 

23 means— 

24 ‘‘(A) the process by which a State court 

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1 ity to make decisions about self-care and prop2 erty, and appoints another individual or entity 

3 known as a guardian, as a conservator, or by a 

4 similar term, as a surrogate decisionmaker; 

5 ‘‘(B) the manner in which the court-ap6 pointed surrogate decisionmaker carries out du7 ties to the individual and the court; or 

8 ‘‘(C) the manner in which the court exer9 cises oversight of the surrogate decisionmaker. 

10 ‘‘(8) LONG-TERM CARE.— 

11 ‘‘(A) IN GENERAL.—The term ‘long-term 

12 care’ means supportive and health services spec13 ified by the Secretary for individuals who need 

14 assistance because the individuals have a loss of 

15 capacity for self-care due to illness, disability, 

16 or vulnerability. 

17 ‘‘(B) LOSS OF CAPACITY FOR SELF18 CARE.—For purposes of subparagraph (A), the 

19 term ‘loss of capacity for self-care’ means an in20 ability to engage in 1 or more activities of daily 

21 living, including eating, dressing, bathing, and 

22 management of one’s financial affairs. 

23 ‘‘(9) NEGLECT.—The term ‘neglect’ means— 

24 ‘‘(A) the failure of a caregiver or fiduciary 

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1 essary to maintain the health or safety of an 

2 elder; or 

3 ‘‘(B) self-neglect. 

4 ‘‘(10) SELF-NEGLECT.—The term ‘self-neglect’ 

5 means an adult’s inability, due to physical or mental 

6 impairment or diminished capacity, to perform es7 sential self-care tasks including— 

8 ‘‘(A) obtaining essential food, clothing, 

9 shelter, and medical care; 

10 ‘‘(B) obtaining goods and services nec11 essary to maintain physical health, mental 

12 health, or general safety; or 

13 ‘‘(C) managing one’s own financial affairs. 

14 ‘‘SEC. 2012. GENERAL PROVISIONS. 

15 ‘‘(a) PROTECTION OF PRIVACY.—In pursuing activi16 ties under this part, the Secretary shall ensure the protec17 tion of individual health privacy consistent with the regu18 lations promulgated under section 264(c) of the Health 

19 Insurance Portability and Accountability Act of 1996 and 

20 applicable State and local privacy regulations. 

21 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this part 

22 shall be construed to interfere with or abridge an elder’s 

23 right to practice his or her religion through reliance on 

24 prayer alone for healing when this choice— 


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1 ‘‘(1) is contemporaneously expressed, either 

2 orally or in writing, with respect to a specific illness 

3 or injury which the elder has at the time of the deci4 sion by an elder who is competent at the time of the 

5 decision; 

6 ‘‘(2) is previously set forth in a living will, 

7 health care proxy, or other advance directive docu8 ment that is validly executed and applied under 

9 State law; or 

10 ‘‘(3) may be unambiguously deduced from the 

11 elder’s life history. 

12 ‘‘SEC. 2013. ELDER JUSTICE COORDINATING COUNCIL. 

13 ‘‘(a) ESTABLISHMENT.—There is established within 

14 the Office of the Secretary an Elder Justice Coordinating 

15 Council (in this section referred to as the ‘Council’). 

16 ‘‘(b) MEMBERSHIP.— 

17 ‘‘(1) IN GENERAL.—The Council shall be com18 posed of the following members: 

19 ‘‘(A) The Secretary (or the Secretary’s 

20 designee). 

21 ‘‘(B) The Attorney General (or the Attor22 ney General’s designee). 

23 ‘‘(C) The head of each Federal department 

24 or agency or other governmental entity identi25 fied by the Chair referred to in subsection (d) 


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1 as having responsibilities, or administering pro2 grams, relating to elder abuse, neglect, and ex3 ploitation. 

4 ‘‘(2) REQUIREMENT.—Each member of the 

5 Council shall be an officer or employee of the Fed6 eral Government. 

7 ‘‘(c) VACANCIES.—Any vacancy in the Council shall 

8 not affect its powers, but shall be filled in the same man9 ner as the original appointment was made. 

10 ‘‘(d) CHAIR.—The member described in subsection 

11 (b)(1)(A) shall be Chair of the Council. 

12 ‘‘(e) MEETINGS.—The Council shall meet at least 2 

13 times per year, as determined by the Chair. 

14 ‘‘(f) DUTIES.— 

15 ‘‘(1) IN GENERAL.—The Council shall make 

16 recommendations to the Secretary for the coordina17 tion of activities of the Department of Health and 

18 Human Services, the Department of Justice, and 

19 other relevant Federal, State, local, and private 

20 agencies and entities, relating to elder abuse, ne21 glect, and exploitation and other crimes against el22 ders. 

23 ‘‘(2) REPORT.—Not later than the date that is 

24 2 years after the date of enactment of the Elder 

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1 after, the Council shall submit to the Committee on 

2 Finance of the Senate and the Committee on Ways 

3 and Means and the Committee on Energy and Com4 merce of the House of Representatives a report 

5 that— 

6 ‘‘(A) describes the activities and accom7 plishments of, and challenges faced by— 

8 ‘‘(i) the Council; and 

9 ‘‘(ii) the entities represented on the 

10 Council; and 

11 ‘‘(B) makes such recommendations for leg12 islation, model laws, or other action as the 

13 Council determines to be appropriate. 

14 ‘‘(g) POWERS OF THE COUNCIL.— 

15 ‘‘(1) INFORMATION FROM FEDERAL AGEN16 CIES.—Subject to the requirements of section 

17 2012(a), the Council may secure directly from any 

18 Federal department or agency such information as 

19 the Council considers necessary to carry out this sec20 tion. Upon request of the Chair of the Council, the 

21 head of such department or agency shall furnish 

22 such information to the Council. 

23 ‘‘(2) POSTAL SERVICES.—The Council may use 

24 the United States mails in the same manner and 


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1 under the same conditions as other departments and 

2 agencies of the Federal Government. 

3 ‘‘(h) TRAVEL EXPENSES.—The members of the 

4 Council shall not receive compensation for the perform5 ance of services for the Council. The members shall be 

6 allowed travel expenses, including per diem in lieu of sub7 sistence, at rates authorized for employees of agencies 

8 under subchapter I of chapter 57 of title 5, United States 

9 Code, while away from their homes or regular places of 

10 business in the performance of services for the Council. 

11 Notwithstanding section 1342 of title 31, United States 

12 Code, the Secretary may accept the voluntary and uncom13 pensated services of the members of the Council. 

14 ‘‘(i) DETAIL OF GOVERNMENT EMPLOYEES.—Any 

15 Federal Government employee may be detailed to the 

16 Council without reimbursement, and such detail shall be 

17 without interruption or loss of civil service status or privi18 lege. 

19 ‘‘(j) STATUS AS PERMANENT COUNCIL.—Section 14 

20 of the Federal Advisory Committee Act (5 U.S.C. App.) 

21 shall not apply to the Council. 

22 ‘‘SEC. 2014. ADVISORY BOARD ON ELDER ABUSE, NEGLECT, 

23 AND EXPLOITATION. 

24 ‘‘(a) ESTABLISHMENT.—There is established a board 

25 to be known as the ‘Advisory Board on Elder Abuse, NeVerDate Aug 31 2005 21:58 Feb 14, 2008 Jkt 069200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H5352.IH H5352

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1 glect, and Exploitation’ (in this section referred to as the 

2 ‘Advisory Board’) to create short- and long-term multi3 disciplinary strategic plans for the development of the field 

4 of elder justice and to make recommendations to the Elder 

5 Justice Coordinating Council established under section 

6 2013. 

7 ‘‘(b) COMPOSITION.—The Advisory Board shall be 

8 composed of 27 members appointed by the Secretary from 

9 among members of the general public who are individuals 

10 with experience and expertise in elder abuse, neglect, and 

11 exploitation prevention, detection, treatment, intervention, 

12 or prosecution. 

13 ‘‘(c) SOLICITATION OF NOMINATIONS.—The Sec14 retary shall publish a notice in the Federal Register solic15 iting nominations for the appointment of members of the 

16 Advisory Board under subsection (b). 

17 ‘‘(d) TERMS.— 

18 ‘‘(1) IN GENERAL.—Each member of the Advi19 sory Board shall be appointed for a term of 3 years, 

20 except that, of the members first appointed— 

21 ‘‘(A) 9 shall be appointed for a term of 3 

22 years; 

23 ‘‘(B) 9 shall be appointed for a term of 2 

24 years; and 


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1 ‘‘(C) 9 shall be appointed for a term of 1 

2 year. 

3 ‘‘(2) VACANCIES.— 

4 ‘‘(A) IN GENERAL.—Any vacancy on the 

5 Advisory Board shall not affect its powers, but 

6 shall be filled in the same manner as the origi7 nal appointment was made. 

8 ‘‘(B) FILLING UNEXPIRED TERM.—An in9 dividual chosen to fill a vacancy shall be ap10 pointed for the unexpired term of the member 

11 replaced. 

12 ‘‘(3) EXPIRATION OF TERMS.—The term of any 

13 member shall not expire before the date on which 

14 the member’s successor takes office. 

15 ‘‘(e) ELECTION OF OFFICERS.—The Advisory Board 

16 shall elect a Chair and Vice Chair from among its mem17 bers. The Advisory Board shall elect its initial Chair and 

18 Vice Chair at its initial meeting. 

19 ‘‘(f) DUTIES.— 

20 ‘‘(1) ENHANCE COMMUNICATION ON PRO21 MOTING QUALITY OF, AND PREVENTING ABUSE AND

22 NEGLECT IN, LONG-TERM CARE.—The Advisory 

23 Board shall develop collaborative and innovative ap24 proaches to improve the quality of, including pre25 venting abuse and neglect in, long-term care. 


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1 ‘‘(2) COLLABORATIVE EFFORTS TO DEVELOP

2 CONSENSUS AROUND THE MANAGEMENT OF CER3 TAIN QUALITY-RELATED FACTORS.— 

4 ‘‘(A) IN GENERAL.—The Advisory Board 

5 shall establish multidisciplinary panels to ad6 dress, and develop consensus on, subjects relat7 ing to improving the quality of long-term care. 

8 At least 1 such panel shall address, and develop 

9 consensus on, methods for managing resident10 to-resident abuse in long-term care. 

11 ‘‘(B) ACTIVITIES CONDUCTED.—The multi12 disciplinary panels established under subpara13 graph (A) shall examine relevant research and 

14 data, identify best practices with respect to the 

15 subject of the panel, determine the best way to 

16 carry out those best practices in a practical and 

17 feasible manner, and determine an effective 

18 manner of distributing information on such 

19 subject. 

20 ‘‘(3) REPORT.—Not later than the date that is 

21 18 months after the date of enactment of the Elder 

22 Abuse Victims Act of 2008, and annually thereafter, 

23 the Advisory Board shall prepare and submit to the 

24 Elder Justice Coordinating Council, the Committee 

25 on Finance of the Senate, and the Committee on 


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1 Ways and Means and the Committee on Energy and 

2 Commerce of the House of Representatives a report 

3 containing— 

4 ‘‘(A) information on the status of Federal, 

5 State, and local public and private elder justice 

6 activities; 

7 ‘‘(B) recommendations (including rec8 ommended priorities) regarding— 

9 ‘‘(i) elder justice programs, research, 

10 training, services, practice, enforcement, 

11 and coordination; 

12 ‘‘(ii) coordination between entities 

13 pursuing elder justice efforts and those in14 volved in related areas that may inform or 

15 overlap with elder justice efforts, such as 

16 activities to combat violence against women 

17 and child abuse and neglect; and 

18 ‘‘(iii) activities relating to adult fidu19 ciary systems, including guardianship and 

20 other fiduciary arrangements; 

21 ‘‘(C) recommendations for specific modi22 fications needed in Federal and State laws (in23 cluding regulations) or for programs, research, 

24 and training to enhance prevention, detection, 

25 and treatment (including diagnosis) of, interVerDate Aug 31 2005 21:58 Feb 14, 2008 Jkt 069200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H5352.IH H5352

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1 vention in (including investigation of), and 

2 prosecution of elder abuse, neglect, and exploi3 tation; 

4 ‘‘(D) recommendations on methods for the 

5 most effective coordinated national data collec6 tion with respect to elder justice, and elder 

7 abuse, neglect, and exploitation; and 

8 ‘‘(E) recommendations for a multidisci9 plinary strategic plan to guide the effective and 

10 efficient development of the field of elder jus11 tice. 

12 ‘‘(g) POWERS OF THE ADVISORY BOARD.— 

13 ‘‘(1) INFORMATION FROM FEDERAL AGEN14 CIES.—Subject to the requirements of section 

15 2012(a), the Advisory Board may secure directly 

16 from any Federal department or agency such infor17 mation as the Advisory Board considers necessary to 

18 carry out this section. Upon request of the Chair of 

19 the Advisory Board, the head of such department or 

20 agency shall furnish such information to the Advi21 sory Board. 

22 ‘‘(2) SHARING OF DATA AND REPORTS.—The 

23 Advisory Board may request from any entity pur24 suing elder justice activities under the Elder Abuse 

25 Victims Act of 2008 or an amendment made by such 


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1 Act, any data, reports, or recommendations gen2 erated in connection with such activities. 

3 ‘‘(3) POSTAL SERVICES.—The Advisory Board 

4 may use the United States mails in the same man5 ner and under the same conditions as other depart6 ments and agencies of the Federal Government. 

7 ‘‘(h) TRAVEL EXPENSES.—The members of the Advi8 sory Board shall not receive compensation for the perform9 ance of services for the Advisory Board. The members 

10 shall be allowed travel expenses for up to 4 meetings per 

11 year, including per diem in lieu of subsistence, at rates 

12 authorized for employees of agencies under subchapter I 

13 of chapter 57 of title 5, United States Code, while away 

14 from their homes or regular places of business in the per15 formance of services for the Advisory Board. Notwith16 standing section 1342 of title 31, United States Code, the 

17 Secretary may accept the voluntary and uncompensated 

18 services of the members of the Advisory Board. 

19 ‘‘(i) DETAIL OF GOVERNMENT EMPLOYEES.—Any 

20 Federal Government employee may be detailed to the Ad21 visory Board without reimbursement, and such detail shall 

22 be without interruption or loss of civil service status or 

23 privilege. 


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1 ‘‘(j) STATUS AS PERMANENT ADVISORY COM2 MITTEE.—Section 14 of the Federal Advisory Committee 

3 Act (5 U.S.C. App.) shall not apply to the advisory board. 

4 ‘‘SEC. 2015. RESEARCH PROTECTIONS. 

5 ‘‘(a) GUIDELINES.—The Secretary shall promulgate 

6 guidelines to assist researchers working in the area of 

7 elder abuse, neglect, and exploitation, with issues relating 

8 to human subject protections. 

9 ‘‘(b) DEFINITION OF LEGALLY AUTHORIZED REP10 RESENTATIVE FOR APPLICATION OF REGULATIONS.—For 

11 purposes of the application of subpart A of part 46 of title 

12 45, Code of Federal Regulations, to research conducted 

13 under this chapter the term ‘legally authorized representa14 tive’ means, unless otherwise provided by law, the indi15 vidual or judicial or other body authorized under the appli16 cable law to consent to medical treatment on behalf of an17 other person. 

18 ‘‘SEC. 2016. AUTHORIZATION OF APPROPRIATIONS. 

19 ‘‘There are authorized to be appropriated to carry out 

20 this chapter— 

21 ‘‘(1) for fiscal year 2009, $6,500,000; and 

22 ‘‘(2) for each of fiscal years 2010 through 

23 2012, $7,000,000.’’. 

24 SEC. 11. DEFINITIONS. 

25 In this Act: 


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1 (1) ELDER.—The term ‘‘elder’’ means an indi2 vidual age 60 or older. 

3 (2) ELDER JUSTICE.—The term ‘‘elder justice’’ 

4 means— 

5 (A) from a societal perspective, efforts 

6 to— 

7 (i) prevent, detect, treat, intervene in, 

8 and prosecute elder abuse, neglect, and ex9 ploitation; and 

10 (ii) protect elders with diminished ca11 pacity while maximizing their autonomy; 

12 and 

13 (B) from an individual perspective, the rec14 ognition of an elder’s rights, including the right 

15 to be free of abuse, neglect, and exploitation. 

Æ 


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