Be it enacted by the Senate and House of Representa-
tives 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’’. 
TITLE I—ELDER ABUSE VICTIMS 
SEC. 101. ANALYSIS, REPORT, AND RECOMMENDATIONS RE-
LATED TO ELDER JUSTICE PROGRAMS. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations to carry out this section, the Attorney Gen-
eral, in consultation with the Secretary of Health and 
Human Services, shall carry out the following: 
(1) STUDY.—Conduct a study of laws and prac-
tices relating to elder abuse, neglect, and exploi-
tation, which shall include— 
(A) a comprehensive description of State 
laws and practices relating to elder abuse, ne-
glect, and exploitation; 
(B) a comprehensive analysis of the effec-
tiveness of such State laws and practices; and 
(C) an examination of State laws and prac-
tices 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 Attor-
ney General determines to be appro-
priate; 
(ii) mandatory reporting laws, with re-
spect 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, 
sen-
tencing, choice of remedies, and data re-
tention issues relating to pursuing cases 
relating to elder abuse, neglect, and exploi-
tation; 
(iv) laws requiring reporting of all 
nursing home deaths to the county coroner 
or to some other individual or entity; 
(v) fiduciary laws, including guardian-
ship 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, tele-
marketing, or the Internet; 
(viii) laws that may impede research 
on elder abuse, neglect, and exploitation; 
(ix) practices relating to the enforce-
ment of laws relating to elder abuse, ne-
glect, and exploitation; and 
(x) practices relating to other aspects 
of elder justice. 
(2) DEVELOPMENT OF PLAN.—Develop objec-
tives, 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 re-
lated to elder justice programs and activities; 
and 
(D) improvement of the elder justice sys-
tem in the United States.
(3) REPORT.—Not later than 2 years after the 
date of enactment of this Act, submit to the chair-
man and ranking member of the Special Committee 
on Aging of the Senate, and the Speaker and minor-
ity 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, prior-
ities, 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, imple-
ment, maintain, and improve elder justice sys-
tems, based on such findings. 
(b) GAO RECOMMENDATIONS.—Not later than one 
year after the date of the enactment of this Act, the Comp-
troller General shall report to Congress any recommenda-
tions 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. 102. 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 pur-
suant to subsection (a) shall be used for pilot programs 
that— 
(1) develop programs for and provide training 
to health care, social, and protective services pro-
viders, 
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. 103. SUPPORTING LOCAL PROSECUTORS AND COURTS 
IN ELDER JUSTICE MATTERS. 
(a) GRANTS AUTHORIZED.—Subject to the avail-
ability of appropriations under this section, the Attorney 
General, after consultation with the Secretary of Health 
and Human Services, shall award grants to eligible enti-
ties to provide training, technical assistance, policy devel-
opment, multidisciplinary coordination, and other types of 
support to local prosecutors and courts handling elder jus-
tice-related cases, including— 
(1) funding specially designated elder justice 
positions or units in local prosecutors’ offices and 
local courts; and 
(2) funding the creation of a Center for the 
Prosecution of Elder Abuse, Neglect, and Exploi-
tation to advise and support local prosecutors and 
courts nationwide in the 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. 104. SUPPORTING STATE PROSECUTORS AND COURTS 
IN ELDER JUSTICE MATTERS. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations under this section, the Attorney General,
after consultation with the Secretary of Health and 
Human Services, shall award grants to eligible entities to 
provide training, technical assistance, multidisciplinary co-
ordination, policy development, and other types of support 
to State prosecutors and courts, employees of State Attor-
neys 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 in State prosecutors’ 
offices and State courts; and 
(2) the creation of a position to coordinate elder 
justice-related cases, training, technical assistance, 
and policy development for State prosecutors and 
courts. 
(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. 105. SUPPORTING LAW ENFORCEMENT IN ELDER JUS-
TICE MATTERS. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations 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 eligible entities to provide 
training, technical assistance, multidisciplinary coordina-
tion, policy development, and other types of support to po-
lice, sheriffs, detectives, public safety officers, corrections 
personnel, and other first responders who handle elder jus-
tice-related matters, to fund specially designated elder jus-
tice 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. 106. EVALUATIONS. 
(a) GRANTS UNDER THIS TITLE.— 
(1) IN GENERAL.—In carrying out the grant 
programs under this title, 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 ap-
propriate, use a portion of the funds available 
under this title for a grant program under this 
title to provide assistance to an eligible entity to 
conduct a validated evaluation of the effective-
ness 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 title, an entity shall submit 
an application to the Attorney General at such 
time, in such manner, and containing such in-
formation as the Attorney General may require, 
which shall include— 
(i) a proposal for the evaluation re-
quired 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 with expertise
in evaluation methodology, shall review 
each application described in subparagraph 
(A) and determine whether the method-
ology described in the proposal under sub-
paragraph (A)(i) is adequate to gather 
meaningful information. 
(ii) DENIAL.—If the reviewing em-
ployee determines the methodology de-
scribed 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 modi-
fying 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 vali-
dated evaluations of grant activities that are funded by
Federal funds not provided under this title, or other funds, 
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. 107. DEFINITIONS. 
In this title: 
(1) ELDER.—The term ‘‘elder’’ means an indi-
vidual 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 ex-
ploitation; and 
(ii) protect elders with diminished ca-
pacity while maximizing their autonomy; 
and 
(B) from an individual perspective, the rec-
ognition of an elder’s rights, including the right 
to be free of abuse, neglect, and exploitation. 
(3) ELIGIBLE
ENTITIES.—The term ‘‘eligible 
entity’’ means a State or local government agency,