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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5352 Reported in House (RH)]

                                                 Union Calendar No. 561
110th CONGRESS
  2d Session
                                H. R. 5352

                      [Report No. 110-864, Part I]

      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

                           September 22, 2008

     Reported from the Committee on the Judiciary with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           September 22, 2008

 Additional sponsors: Mr. Conyers, Mr. Scott of Virginia, Mr. Emanuel, 
                        and Mr. King of New York

                           September 22, 2008

 Committee on Ways and Means discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed
    [For text of introduced bill, see copy of bill as introduced on 
                           February 12, 2008]

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Elder Abuse Victims Act of 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.
    (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.
    (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:
            ``(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--
            ``(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 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;
                    ``(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:
    ``(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 
appropriated 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.
                                                 Union Calendar No. 561

110th CONGRESS

  2d Session

                               H. R. 5352

                      [Report No. 110-864, Part I]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 22, 2008

     Reported from the Committee on the Judiciary with an amendment

                           September 22, 2008

 Committee on Ways and Means discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed
```