IB 

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 


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[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. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Act of 2008’’. 

6 SEC. 2. ANALYSIS, REPORT, AND RECOMMENDATIONS RE7 LATED TO ELDER JUSTICE PROGRAMS. 

8 (a) IN GENERAL.—Subject to the availability of appro9 priations to carry out this section, the Attorney General, 

10 in consultation with the Secretary of Health and Human 

11 Services, shall carry out the following: 

12 (1) STUDY.—Conduct a study of laws and prac13 tices relating to elder abuse, neglect, and exploitation, 

14 which shall include— 

15 (A) a comprehensive description of State 

16 laws and practices relating to elder abuse, ne17 glect, and exploitation; 


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1 (B) a comprehensive analysis of the effec2 tiveness of such State laws and practices; and 

3 (C) an examination of State laws and prac4 tices relating to specific elder abuse, neglect, and 

5 exploitation issues, including— 

6 (i) the definition of— 

7 (I) ‘‘elder’’; 

8 (II) ‘‘abuse’’; 

9 (III) ‘‘neglect’’; 

10 (IV) ‘‘exploitation’’; and 

11 (V) such related terms the Attor12 ney General determines to be appro13 priate; 

14 (ii) mandatory reporting laws, with 

15 respect to— 

16 (I) who is a mandated reporter; 

17 (II) to whom must they report 

18 and within what time frame; and 

19 (III) any consequences for not re20 porting; 

21 (iii) evidentiary, procedural, sen22 tencing, choice of remedies, and data reten23 tion issues relating to pursuing cases relat24 ing to elder abuse, neglect, and exploitation; 


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1 (iv) laws requiring reporting of all 

2 nursing home deaths to the county coroner 

3 or to some other individual or entity; 

4 (v) fiduciary laws, including guard5 ianship and power of attorney laws; 

6 (vi) laws that permit or encourage 

7 banks and bank employees to prevent and 

8 report suspected elder abuse, neglect, and ex9 ploitation; 

10 (vii) laws relating to fraud and related 

11 activities in connection with mail, tele12 marketing, or the Internet; 

13 (viii) laws that may impede research 

14 on elder abuse, neglect, and exploitation; 

15 (ix) practices relating to the enforce16 ment of laws relating to elder abuse, neglect, 

17 and exploitation; and 

18 (x) practices relating to other aspects 

19 of elder justice. 

20 (2) DEVELOPMENT OF PLAN.—Develop objectives, 

21 priorities, policies, and a long-term plan for elder jus22 tice programs and activities relating to— 

23 (A) prevention and detection of elder abuse, 

24 neglect, and exploitation; 


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1 (B) intervention and treatment for victims 

2 of elder abuse, neglect, and exploitation; 

3 (C) training, evaluation, and research re4 lated to elder justice programs and activities; 

5 and 

6 (D) improvement of the elder justice system 

7 in the United States. 

8 (3) REPORT.—Not later than 2 years after the 

9 date of enactment of this Act, submit to the chairman 

10 and ranking member of the Special Committee on 

11 Aging of the Senate, and the Speaker and minority 

12 leader of the House of Representatives, and the Sec13 retary of Health and Human Services, and make 

14 available to the States, a report that contains— 

15 (A) the findings of the study conducted 

16 under paragraph (1); 

17 (B) a description of the objectives, prior18 ities, policies, and a long-term plan developed 

19 under paragraph (2); and 

20 (C) a list, description, and analysis of the 

21 best practices used by States to develop, imple22 ment, maintain, and improve elder justice sys23 tems, based on such findings. 

24 (b) GAO RECOMMENDATIONS.—Not later than one 

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1 troller General shall report to Congress any recommenda2 tions with respect to any Federal legislation, regulations, 

3 or programs determined by the Comptroller General to be 

4 necessary to improve elder justice in the United States. 

5 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

6 authorized to be appropriated to carry out this section 

7 $6,000,000 for each of the fiscal years 2009 through 2015. 

8 SEC. 3. VICTIM ADVOCACY GRANTS. 

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

10 after consultation with the Secretary of Health and Human 

11 Services, may award grants to eligible entities to study the 

12 special needs of victims of elder abuse, neglect, and exploi13 tation. 

14 (b) AUTHORIZED ACTIVITIES.—Funds awarded pursu15 ant to subsection (a) shall be used for pilot programs that— 

16 (1) develop programs for and provide training to 

17 health care, social, and protective services providers, 

18 law enforcement, fiduciaries (including guardians), 

19 judges and court personnel, and victim advocates; and 

20 (2) examine special approaches designed to meet 

21 the needs of victims of elder abuse, neglect, and ex22 ploitation. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

24 authorized to be appropriated to carry out this section 

25 $3,000,000 for each of the fiscal years 2009 through 2015. 


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1 SEC. 4. SUPPORTING LOCAL PROSECUTORS AND COURTS 

2 IN ELDER JUSTICE MATTERS. 

3 (a) GRANTS AUTHORIZED.—Subject to the availability 

4 of appropriations under this section, the Attorney General, 

5 after consultation with the Secretary of Health and Human 

6 Services, shall award grants to provide training, technical 

7 assistance, policy development, multidisciplinary coordina8 tion, and other types of support to local prosecutors and 

9 courts handling elder justice-related cases, including— 

10 (1) funding specially designated elder justice po11 sitions or units; and 

12 (2) funding the creation of a Center for the Pros13 ecution of Elder Abuse, Neglect, and Exploitation by 

14 the American Prosecutor Research Institute of the Na15 tional District Attorneys Association, or any other 

16 similarly situated entity, to advise and support local 

17 prosecutors and courts nationwide in their pursuit of 

18 cases involving elder abuse, neglect, and exploitation. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

20 authorized to be appropriated to carry out this section 

21 $6,000,000 for each of the fiscal years 2009 through 2015. 

22 SEC. 5. SUPPORTING STATE PROSECUTORS AND COURTS IN 

23 ELDER JUSTICE MATTERS. 

24 (a) IN GENERAL.—Subject to the availability of appro25 priations under this section, the Attorney General, after 

26 consultation with the Secretary of Health and Human 


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1 Services, shall award grants to provide training, technical 

2 assistance, multidisciplinary coordination, policy develop3 ment, and other types of support to State prosecutors and 

4 courts, employees of State Attorneys General, and Medicaid 

5 Fraud Control Units handling elder justice-related matters. 

6 (b) CREATING SPECIALIZED POSITIONS.—Grants 

7 under this section may be made for— 

8 (1) the establishment of specially designated elder 

9 justice positions or units; and 

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

11 justice-related cases, training, technical assistance, 

12 and policy development for State prosecutors and 

13 courts, by the National Association of Attorneys Gen14 eral or any other similarly situated entity. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

16 authorized to be appropriated to carry out this section 

17 $6,000,000 for each of the fiscal years 2009 through 2015. 

18 SEC. 6. SUPPORTING LAW ENFORCEMENT IN ELDER JUS19 TICE MATTERS. 

20 (a) IN GENERAL.—Subject to the availability of appro21 priations under this section, the Attorney General, after 

22 consultation with the Secretary of Health and Human 

23 Services, the Postmaster General, and the Chief Postal In24 spector for the United States Postal Inspection Service, 

25 shall award grants to provide training, technical assistance, 


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1 multidisciplinary coordination, policy development, and 

2 other types of support to police, sheriffs, detectives, public 

3 safety officers, corrections personnel, and other first re4 sponders who handle elder justice-related matters, to fund 

5 specially designated elder justice positions or units designed 

6 to support first responders in elder justice matters. 

7 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

8 authorized to be appropriated to carry out this section 

9 $8,000,000 for each of the fiscal years 2009 through 2015. 

10 SEC. 7. EVALUATIONS. 

11 (a) GRANTS UNDER THIS ACT.— 

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

13 programs under this Act, the Attorney General 

14 shall— 

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

16 a portion of the funds made available through 

17 the grant to conduct a validated evaluation of 

18 the effectiveness of the activities carried out 

19 through the grant by such recipient; or 

20 (B) as the Attorney General considers ap21 propriate, use a portion of the funds available 

22 under this Act for a grant program under this 

23 Act to provide assistance to an eligible entity to 

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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, if 

15 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 Exploi23 tation (established under title XX of the So24 cial Security Act (42 U.S.C. 1397 et seq.), 

25 as amended by this Act) with expertise in 


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1 evaluation methodology, shall review each 

2 application described in subparagraph (A) 

3 and determine whether the methodology de4 scribed in the proposal under subparagraph 

5 (A)(i) is adequate to gather meaningful in6 formation. 

7 (ii) DENIAL.—If the reviewing em8 ployee determines the methodology described 

9 in such proposal is inadequate, the review10 ing employee shall recommend that the At11 torney General deny the application for the 

12 grant, or make recommendations for how 

13 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 ap22 propriations under this section, the Attorney General shall 

23 award grants to appropriate entities to conduct validated 

24 evaluations of grant activities that are funded by Federal 


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1 funds not provided under this Act to reduce elder abuse, 

2 neglect, and exploitation. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

4 authorized to be appropriated to carry out this section 

5 $7,000,000 for each of the fiscal years 2009 through 2015. 

6 SEC. 8. ELDER JUSTICE. 

7 (a) ELDER JUSTICE.— 

8 (1) IN GENERAL.—Title XX of the Social Secu9 rity Act (42 U.S.C. 1397 et seq.) is amended— 

10 (A) in the title heading, by inserting ‘‘AND 

11 ELDER JUSTICE’’ after ‘‘SOCIAL SERV12 ICES’’; 

13 (B) by inserting before section 2001 the fol14 lowing: 

15 ‘‘PART A—BLOCK GRANTS TO STATES FOR SOCIAL

16 SERVICES’’; 

17 and 

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

19 ‘‘PART B—ELDER JUSTICE

20 ‘‘SEC. 2011. DEFINITIONS. 

21 ‘‘In this part: 

22 ‘‘(1) ABUSE.—The term ‘abuse’ means the know23 ing infliction of physical or psychological harm or the 

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1 essary to meet essential needs or to avoid physical or 

2 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 to— 

17 ‘‘(i) prevent, detect, treat, intervene in, 

18 and prosecute elder abuse, neglect, and ex19 ploitation; and 

20 ‘‘(ii) protect elders with diminished ca21 pacity while maximizing their autonomy; 

22 and 

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

24 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, be10 longings, 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 and 

15 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 financial 

20 power of attorney or health care power of attor21 ney, or a representative payee. 

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

23 means— 

24 ‘‘(A) the process by which a State court de25 termines that an adult individual lacks capacity 


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1 to make decisions about self-care and property, 

2 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 speci13 fied 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, or 

16 vulnerability. 

17 ‘‘(B) LOSS OF CAPACITY FOR SELF-CARE.— 

18 For purposes of subparagraph (A), the term ‘loss 

19 of capacity for self-care’ means an inability to 

20 engage in 1 or more activities of daily living, in21 cluding eating, dressing, bathing, and manage22 ment 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 essen7 tial self-care tasks including— 

8 ‘‘(A) obtaining essential food, clothing, shel9 ter, and medical care; 

10 ‘‘(B) obtaining goods and services necessary 

11 to maintain physical health, mental health, or 

12 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 regula18 tions promulgated under section 264(c) of the Health Insur19 ance Portability and Accountability Act of 1996 and appli20 cable 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 oral2 ly or in writing, with respect to a specific illness or 

3 injury which the elder has at the time of the decision 

4 by an elder who is competent at the time of the deci5 sion; 

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 State 

9 law; or 

10 ‘‘(3) may be unambiguously deduced from the el11 der’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 des20 ignee). 

21 ‘‘(B) The Attorney General (or the Attorney 

22 General’s designee). 

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

24 or agency or other governmental entity identified 

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1 ing responsibilities, or administering programs, 

2 relating to elder abuse, neglect, and exploitation. 

3 ‘‘(2) REQUIREMENT.—Each member of the Coun4 cil shall be an officer or employee of the Federal Gov5 ernment. 

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

7 not affect its powers, but shall be filled in the same manner 

8 as the original appointment was made. 

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

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

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

12 times per year, as determined by the Chair. 

13 ‘‘(f) DUTIES.— 

14 ‘‘(1) IN GENERAL.—The Council shall make rec15 ommendations to the Secretary for the coordination of 

16 activities of the Department of Health and Human 

17 Services, the Department of Justice, and other rel18 evant Federal, State, local, and private agencies and 

19 entities, relating to elder abuse, neglect, and exploi20 tation and other crimes against elders. 

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

22 years after the date of enactment of the Elder Abuse 

23 Victims Act of 2008 and every 2 years thereafter, the 

24 Council shall submit to the Committee on Finance of 

25 the Senate and the Committee on Ways and Means 


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1 and the Committee on Energy and Commerce of the 

2 House of Representatives a report that— 

3 ‘‘(A) describes the activities and accomplish4 ments of, and challenges faced by— 

5 ‘‘(i) the Council; and 

6 ‘‘(ii) the entities represented on the 

7 Council; and 

8 ‘‘(B) makes such recommendations for legis9 lation, model laws, or other action as the Council 

10 determines to be appropriate. 

11 ‘‘(g) POWERS OF THE COUNCIL.— 

12 ‘‘(1) INFORMATION FROM FEDERAL AGENCIES.— 

13 Subject to the requirements of section 2012(a), the 

14 Council may secure directly from any Federal depart15 ment or agency such information as the Council con16 siders necessary to carry out this section. Upon re17 quest of the Chair of the Council, the head of such de18 partment or agency shall furnish such information to 

19 the Council. 

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

21 the United States mails in the same manner and 

22 under the same conditions as other departments and 

23 agencies of the Federal Government. 

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

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1 ices for the Council. The members shall be allowed travel 

2 expenses, including per diem in lieu of subsistence, at rates 

3 authorized for employees of agencies under subchapter I of 

4 chapter 57 of title 5, United States Code, while away from 

5 their homes or regular places of business in the performance 

6 of services for the Council. Notwithstanding section 1342 

7 of title 31, United States Code, the Secretary may accept 

8 the voluntary and uncompensated services of the members 

9 of the Council. 

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

11 Federal Government employee may be detailed to the Coun12 cil without reimbursement, and such detail shall be without 

13 interruption or loss of civil service status or privilege. 

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

15 the Federal Advisory Committee Act (5 U.S.C. App.) shall 

16 not apply to the Council. 

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

18 AND EXPLOITATION. 

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

20 to be known as the ‘Advisory Board on Elder Abuse, Neglect, 

21 and Exploitation’ (in this section referred to as the ‘Advi22 sory Board’) to create short- and long-term multidisci23 plinary strategic plans for the development of the field of 

24 elder justice and to make recommendations to the Elder 


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1 Justice Coordinating Council established under section 

2 2013. 

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

4 composed of 27 members appointed by the Secretary from 

5 among members of the general public who are individuals 

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

7 exploitation prevention, detection, treatment, intervention, 

8 or prosecution. 

9 ‘‘(c) SOLICITATION OF NOMINATIONS.—The Secretary 

10 shall publish a notice in the Federal Register soliciting 

11 nominations for the appointment of members of the Advi12 sory Board under subsection (b). 

13 ‘‘(d) TERMS.— 

14 ‘‘(1) IN GENERAL.—Each member of the Advi15 sory Board shall be appointed for a term of 3 years, 

16 except that, of the members first appointed— 

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

18 years; 

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

20 years; and 

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

22 year. 

23 ‘‘(2) VACANCIES.— 

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

25 Advisory Board shall not affect its powers, but 


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1 shall be filled in the same manner as the original 

2 appointment was made. 

3 ‘‘(B) FILLING UNEXPIRED TERM.—An indi4 vidual chosen to fill a vacancy shall be ap5 pointed for the unexpired term of the member re6 placed. 

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

8 member shall not expire before the date on which the 

9 member’s successor takes office. 

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

11 shall elect a Chair and Vice Chair from among its members. 

12 The Advisory Board shall elect its initial Chair and Vice 

13 Chair at its initial meeting. 

14 ‘‘(f) DUTIES.— 

15 ‘‘(1) ENHANCE COMMUNICATION ON PROMOTING

16 QUALITY OF, AND PREVENTING ABUSE AND NEGLECT

17 IN, LONG-TERM CARE.—The Advisory Board shall de18 velop collaborative and innovative approaches to im19 prove the quality of, including preventing abuse and 

20 neglect in, long-term care. 

21 ‘‘(2) COLLABORATIVE EFFORTS TO DEVELOP

22 CONSENSUS AROUND THE MANAGEMENT OF CERTAIN

23 QUALITY-RELATED FACTORS.— 

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

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1 dress, and develop consensus on, subjects relating 

2 to improving the quality of long-term care. At 

3 least 1 such panel shall address, and develop con4 sensus on, methods for managing resident-to-resi5 dent abuse in long-term care. 

6 ‘‘(B) ACTIVITIES CONDUCTED.—The multi7 disciplinary panels established under subpara8 graph (A) shall examine relevant research and 

9 data, identify best practices with respect to the 

10 subject of the panel, determine the best way to 

11 carry out those best practices in a practical and 

12 feasible manner, and determine an effective man13 ner of distributing information on such subject. 

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

15 18 months after the date of enactment of the Elder 

16 Abuse Victims Act of 2008, and annually thereafter, 

17 the Advisory Board shall prepare and submit to the 

18 Elder Justice Coordinating Council, the Committee 

19 on Finance of the Senate, and the Committee on 

20 Ways and Means and the Committee on Energy and 

21 Commerce of the House of Representatives a report 

22 containing— 

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

24 State, and local public and private elder justice 

25 activities; 


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1 ‘‘(B) recommendations (including rec2 ommended priorities) regarding— 

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

4 training, services, practice, enforcement, 

5 and coordination; 

6 ‘‘(ii) coordination between entities pur7 suing elder justice efforts and those involved 

8 in related areas that may inform or overlap 

9 with elder justice efforts, such as activities 

10 to combat violence against women and child 

11 abuse and neglect; and 

12 ‘‘(iii) activities relating to adult fidu13 ciary systems, including guardianship and 

14 other fiduciary arrangements; 

15 ‘‘(C) recommendations for specific modifica16 tions needed in Federal and State laws (includ17 ing regulations) or for programs, research, and 

18 training to enhance prevention, detection, and 

19 treatment (including diagnosis) of, intervention 

20 in (including investigation of), and prosecution 

21 of elder abuse, neglect, and exploitation; 

22 ‘‘(D) recommendations on methods for the 

23 most effective coordinated national data collec24 tion with respect to elder justice, and elder abuse, 

25 neglect, and exploitation; and 


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1 ‘‘(E) recommendations for a multidisci2 plinary strategic plan to guide the effective and 

3 efficient development of the field of elder justice. 

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

5 ‘‘(1) INFORMATION FROM FEDERAL AGENCIES.— 

6 Subject to the requirements of section 2012(a), the Ad7 visory Board may secure directly from any Federal 

8 department or agency such information as the Advi9 sory Board considers necessary to carry out this sec10 tion. Upon request of the Chair of the Advisory 

11 Board, the head of such department or agency shall 

12 furnish such information to the Advisory Board. 

13 ‘‘(2) SHARING OF DATA AND REPORTS.—The Ad14 visory Board may request from any entity pursuing 

15 elder justice activities under the Elder Abuse Victims 

16 Act of 2008 or an amendment made by such Act, any 

17 data, reports, or recommendations generated in con18 nection with such activities. 

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

20 may use the United States mails in the same manner 

21 and under the same conditions as other departments 

22 and agencies of the Federal Government. 

23 ‘‘(h) TRAVEL EXPENSES.—The members of the Advi24 sory Board shall not receive compensation for the perform25 ance of services for the Advisory Board. The members shall 


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1 be allowed travel expenses for up to 4 meetings per year, 

2 including per diem in lieu of subsistence, at rates author3 ized for employees of agencies under subchapter I of chapter 

4 57 of title 5, United States Code, while away from their 

5 homes or regular places of business in the performance of 

6 services for the Advisory Board. Notwithstanding section 

7 1342 of title 31, United States Code, the Secretary may ac8 cept the voluntary and uncompensated services of the mem9 bers of the Advisory Board. 

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

11 Federal Government employee may be detailed to the Advi12 sory Board without reimbursement, and such detail shall 

13 be without interruption or loss of civil service status or 

14 privilege. 

15 ‘‘(j) STATUS AS PERMANENT ADVISORY COMMITTEE.— 

16 Section 14 of the Federal Advisory Committee Act (5 U.S.C. 

17 App.) shall not apply to the advisory board. 

18 ‘‘SEC. 2015. RESEARCH PROTECTIONS. 

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

20 guidelines to assist researchers working in the area of elder 

21 abuse, neglect, and exploitation, with issues relating to 

22 human subject protections. 

23 ‘‘(b) DEFINITION OF LEGALLY AUTHORIZED REP24 RESENTATIVE FOR APPLICATION OF REGULATIONS.—For 

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


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1 45, Code of Federal Regulations, to research conducted 

2 under this chapter the term ‘legally authorized representa3 tive’ means, unless otherwise provided by law, the indi4 vidual or judicial or other body authorized under the appli5 cable law to consent to medical treatment on behalf of an6 other person. 

7 ‘‘SEC. 2016. AUTHORIZATION OF APPROPRIATIONS. 

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

9 this chapter— 

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

11 ‘‘(2) for each of fiscal years 2010 through 2012, 

12 $7,000,000.’’. 

13 SEC. 9. REAUTHORIZATION OF THE MISSING ALZHEIMER’S 

14 DISEASE PATIENT ALERT PROGRAM. 

15 Section 240001 of the Violent Crime Control and Law 

16 Enforcement Act of 1994 (42 U.S.C. 14181) is amended— 

17 (1) by amending subsection (a) to read as fol18 lows: 

19 ‘‘(a) GRANT.—Subject to the availability of appropria20 tions to carry out this section, the Attorney General, 

21 through the Bureau of Justice Assistance and in consulta22 tion with the Secretary of Health and Human Services, 

23 shall award competitive grants to States, units of local gov24 ernment, and nonprofit organizations to assist such States, 

25 units, and organizations, respectively, in paying for the 


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1 costs of planning, designing, establishing, and operating lo2 cally based, proactive programs to protect and locate miss3 ing patients with Alzheimer’s disease and related dementias 

4 and other missing elderly individuals.’’; 

5 (2) in subsection (b)— 

6 (A) by inserting ‘‘competitive’’ after ‘‘to re7 ceive a’’; and 

8 (B) by adding at the end the following new 

9 sentence: ‘‘The Attorney General shall periodi10 cally solicit applications for grants under this 

11 section by publishing a request for applications 

12 in the Federal Register and by posting such a re13 quest on the website of the Department of Jus14 tice.’’; 

15 (3) by amending subsection (c) to read as fol16 lows: 

17 ‘‘(c) PREFERENCE.—In awarding grants under sub18 section (a), the Attorney General shall give preference to 

19 nonprofit organizations that have a direct link to patients, 

20 and families of patients, with Alzheimer’s disease and re21 lated dementias.’’; and 

22 (4) by amending subsection (d) to read as fol23 lows: 


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1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 $5,000,000 for each of the fiscal years 2009 through 2015.’’. 

4 SEC. 10. DEFINITIONS. 

5 In this Act: 

6 (1) ELDER.—The term ‘‘elder’’ means an indi7 vidual age 60 or older. 

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

9 means— 

10 (A) from a societal perspective, efforts to— 

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

12 and prosecute elder abuse, neglect, and ex13 ploitation; and 

14 (ii) protect elders with diminished ca15 pacity while maximizing their autonomy; 

16 and 

17 (B) from an individual perspective, the rec18 ognition of an elder’s rights, including the right 

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


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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 

other purposes. to elder abuse prevention and protection, and for to prosecutors and other law enforcement related to aid victims of elder abuse, to provide training prosecution and research programs and activities abuse by establishing specialized elder abuse 

SEPTEMBER 22, 2008 

Reported from the Committee on the Judiciary with an 

amendment 

SEPTEMBER 22, 2008 

Committee on Ways and Means discharged; committed to 

Union and ordered to be printed the Committee of the Whole House on the State of the 


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